Shire Planning Committee Meeting · Shire Planning Committee 1 May 2017 PLN 0 32-17 PLN032-17...

Business Paper

Shire Planning Committee Meeting

Monday, 1 May 2017 Commencing at the conclusion of the Corporate Governance

Committee and Shire Services Committee Meetings

Council Chambers, Level 2, Administration Building

4-20 Eton Street, Sutherland

Shire Planning Committee 1 May 2017

ORDER OF BUSINESS

1. ACKNOWLEDGEMENT OF COUNTRY 2. APOLOGIES 3. DISCLOSURES OF INTEREST 4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 5. PRESENTATIONS 6. REPORTS FROM OFFICERS

PLN031-17 Australian Mayoral Aviation Council (AMAC) - Reconsideration of

Membership

PLN032-17 Planning Proposal - Flora Street Precinct

PLN033-17 Reclassification and Rezoning of 276B Gymea Bay Road, Gymea Bay

PLN034-17 Exhibition Report Planning Proposal 1A & 1-13 Atkinson Road, Taren Point

(Draft Amendment SSLEP2015)

PLN035-17 Exhibition Report Planning Proposal Part 99R Acacia Road & Part 42

Auburn Street, Sutherland

PLN036-17 IHAP013-17 - Alterations and Additions to an Existing ALDI Supermarket

and Carpark, Construction and Use of 5 Storey Residential Flat Building

Containing 57 Residential Apartments Above the Existing Carpark to Create

a Mixed Use Development and Stratum Subdivision of 2 into 3 – Wandella

Road, Miranda (DA16/0641)

PLN037-17 IHAP014-17 - Demolition of Existing Shops and Dwelling and Construction

of a Mixed Use Development Containing 5 Commercial and 19 Residential

Units - Princes Highway, Sylvania (DA16/0377)

PLN038-17 Proposed Modification to Approved Cronulla Sharks Retail Development -

Addition of 222 Apartments, 125 Room Hotel and 308 Parking Spaces

PLN039-17 Update on Flooding Notation for 66 Alexander Avenue, Taren Point

7. QUESTIONS 8. CONSIDERATION OF BUSINESS IN CLOSED SESSION

9. CONFIDENTIAL REPORTS FROM OFFICERS


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PLN031-17 AUSTRALIAN MAYORAL AVIATION COUNCIL (AMAC) - RECONSIDERATION OF MEMBERSHIP

Attachments: Nil

EXECUTIVE SUMMARY

• The Australian Mayoral Aviation Council (AMAC) was established in 1982 being a national

association focused on working with relevant authorities and the airline industry to achieve

workable solutions to the issues associated with aircraft movement.

• In 1996 the Sydney Airport Community Forum (SACF) was established followed by the Planning

Coordination Forum (PCF) in 2010. Both of these associations focus specifically on issues in

regards to Sydney Airport.

• While the AMAC has in the past added value to the debate about land development and the

impact of aircraft noise, the SACF and PCF are now more relevant to the Sutherland Shire

Community.

• Council will therefore continue to be a member of SACF and PCF, however membership to the

AMAC will be discontinued.

REPORT RECOMMENDATION

That correspondence be forwarded to the Australian Mayoral Aviation Council thanking them for

their assistance and advising that Council will not be continuing its membership beyond the current

year.


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PURPOSE

The purpose of this report is to recommend the discontinuation of Council’s membership of AMAC.

BACKGROUND

AMAC is a voluntary national association of local governments whose communities are adjacent to

and impacted by airport operations and aircraft noise. It is not a Sydney Airport specific group and has

members Australia wide. AMAC has operated continuously since 1982 and presently represents the

interests of some 3.25 million residents.

Although one of its prime objectives is to progress noise abatement, AMAC is not an anti-aviation

organisation. Rather it seeks to cooperate with the appropriate authorities and the airline industry to

achieve an acceptable and balanced solution to the obvious problems associated with the movement

of aircraft.

AMAC objectives can be summarised as achieving recognition and understanding of matters of

concern to communities affected by aircraft noise and airport operations by establishing a

collaborative approach in seeking the resolution of those concerns.

Over the years, Council has been invited to attend numerous annual conferences held by AMAC

around Australia on a range of topics.

DISCUSSION

The SACF was established in 1996 as the peak consultation forum on the Sydney Airport Long Term

Operating Plan. SACF provides advice to the relevant Federal Minister, Sydney Airport Corporation

and aviation authorities on the abatement of aircraft noise and related environmental issues. SACF

includes representatives from all levels of government and meets at least quarterly.

Sydney Airport also has the PCF, which was established in 2010. The aim of this group is to ensure

effective partnerships between the Airport and relevant Federal, State and Local Government planning

and land use authorities. The group provides for a two-way exchange of information about

development occurring at the airport that might affect nearby areas, and development occurring

adjacent the airport that might impact or be impacted by its operations. Council is a member of both

SACF and PCF.

AMAC was very useful as a focussed interest group during the rapid change and development of the

Sydney Airport through the late 1980’s and 1990’s. While it continues to do some good work, it is

questionable as to how much value it brings as a national group when Council’s focus is Sydney

Airport, and is involved in its key planning and consultation groups.


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BUDGET AND RESOURCES

AMAC membership cost is $5,868 and generally increases by several hundred dollars each year.

Additional costs are incurred if Council chooses to send a representative to the Annual General

Meeting and conference or other meetings held each year as these are held in capital/major cities in

Australia.

POLICY

Council’s adopted Community Strategic Plan “Our Shire Our Future” contains the following Primary

Strategies that generally align with the issues around Sydney airport:

• Providing effective and critical infrastructure.

• Deliver integrated transport options.

CONCLUSION

As a voluntary national association of local governments whose communities are adjacent to and

impacted by airport operations, AMAC has added value to debate about land development and the

impact of aircraft noise in particular. Sydney Airport is now well established and Council is involved as

a member of its peak planning and consultative bodies. The value of maintaining membership of the

AMAC has therefore diminished to the point where it is recommended that it be discontinued.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Director Shire Planning, Peter Barber,

who can be contacted on 9710 0373.

File Number: 2015/65503


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PLN032-17 PLANNING PROPOSAL - FLORA STREET PRECINCT

Attachments: Appendix A, Appendix B and Appendix C

EXECUTIVE SUMMARY

• Council has received a Planning Proposal from Dickson Rothschild regarding land adjoining the

Kirrawee Centre. It seeks to increase the maximum height from 16m up to 42m and floor space

ratio (FSR) from 1.2:1 up to 3.7:1.

• Analysis of the proposed urban form is not convincing. The scale and density will result in poor

streetscape outcomes, residential amenity would be compromised, a landscape context cannot

be achieved, and poor transitional building forms would result. Increased residential capacity is

not needed for Council to achieve the five-year housing target set in the draft South District

Plan.

• Traffic is highly constrained in the Kirrawee area. Council's traffic modelling indicates that there

is no spare capacity at the key intersections to accommodate the proposed traffic generation.

• Council needs to make a decision as to the future of the Sutherland/Kirrawee area in light of its

strategic potential and the capacity of the existing infrastructure. This decision is best made after

the finalisation of A Plan for Growing Sydney and the South District Plan.


THAT:

1. The Planning Proposal to increase the development potential of the Flora Street Precinct,

Kirrawee be rejected on the grounds that:

• The road network cannot accommodate the traffic likely to be generated;

• The bulk and scale of future development would be inconsistent with the current

strategic direction for Kirrawee;

• The building forms would have poor streetscape outcomes, poor transitional

relationships to surrounding development and compromise residential amenity to

existing and future residents.

2. Upon release of the final South District Plan a report be presented to Council outlining how the

Kirrawee Centre best fits within the larger strategic vision for the South District.


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PURPOSE

The purpose of this report is to consider a Planning Proposal for the Flora Street Precinct in Kirrawee

which seeks to amend Sutherland Shire Local Environmental Plan 2015 (SSLEP2015) by:

• Increasing the height limit from 16m to 30m (up to 42m for specific sites);

• Increasing the floor space ratio from 1.2:1 to 3:1 (up to 3.7:1 for specific sites);

• Amending Schedule 1 Additional Permitted Uses to permit food and drink premises as part of

shop-top housing on sites fronting Flora Street.

The Planning Proposal makes provision for approximately 1,700 additional dwellings.

BACKGROUND

Council received a Planning Proposal to amend the development standards applicable to the Flora

Street Precinct in Kirrawee Centre on 27 November 2015. Initial assessment found deficiencies in the

documentation submitted. Council officers requested further information on 15 December 2015 with a

specific emphasis on traffic. On 19 February 2016, an addendum to the Planning Proposal was

submitted providing only some of the requested information. The proposal was tested at this point and

did not achieve a number of key development or traffic standards.

At a meeting held on 18 August 2016, Council and the applicant came to an agreement that no further

work would be carried out on the proposal until after the release of the Greater Sydney Commission’s

(GSC) draft South District Plan. This was the most sensible approach as the plan determines the need

for additional housing within the southern Sydney region. The draft District Plan was placed on

exhibition in November 2016. However, the five year housing target provided in the draft District Plan

will be achieved by the capacity created under SSLEP2015. As a result, the draft District Plan does

not provide strong justification for increasing the development standards on the land at this point in

time. However, the final plan is to be delivered at the end of 2017 and it will provide a 20 year housing

target. The GSC has stated that future housing targets will be aligned with existing and planned

infrastructure capacity.

Following a meeting on 1 February 2017, the proponent put forward a reduced proposal at a FSR of

1.8:1. Council’s traffic engineers modelled the key intersections surrounding the precinct with this

reduced FSR. It was found that even with planned Roads and Maritime Services (RMS) and Council

road and intersection improvements, future capacity would be taken up by approved development

applications in the area. As such, there does not appear to be adequate infrastructure capacity to

support the planning proposal. Given this feedback, the proponent has not prepared a design analysis

to support the lower FSR.


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DISCUSSION Subject Site The subject site is bounded by Flora Street to the north, President Avenue to the south, Acacia Road

to the west and the rear of the lots in Oak Road, Kirrawee. The precinct is approximately 51,952m2

and currently comprises 130 mostly low-density dwellings of varying age (60 houses, 48

villas/townhouses, 12 residential units and 10 independent living units). The site is located at the

eastern edge of Sutherland centre and is in close proximity to the Kirrawee Brick Pit development. The

site is zoned R4 High Density Residential and adjoins the B2 Local Centre zoned Kirrawee Centre to

the east. The site has three main frontages and contains an existing cul-de-sac through the middle of

the precinct. A plan of the site is contained in Appendix A.

Analysis of Proposed Built Form

The Planning Proposal seeks a building height of between 30m and 42m and FSR of between 3:1 and

3.7:1. Detailed analysis by Council’s architect has shown that, pursuant to the criterion contained in

the Apartment Design Guide, the built forms provided in the applicant’s submission only achieve a

maximum FSR of up to 2.5:1. Consequently, the conceptual plans provided show a built form much

smaller than what could be anticipated at an FSR of 3.7:1. This has made a detailed assessment of

the bulk and scale impacts of the proposal difficult. The design concept, as attached as Appendix B,

shows a potential built form at an FSR of approximately 2.5:1, much lower than the requested

controls.

The precinct’s existing context is largely set by the two and three storey development in the area. The

proposal places significant justification for increased building height and density by making

comparisons with the Brick Pit development. What is proposed however, is significantly more intense

than the Brick Pit. While the Brick Pit will be developed to a similar height, excluding the 9,000m2 park

on the site, it has a FSR of only 2.53:1.

The Brick Pit significantly differs from the Flora Street Precinct in that it is an entirely vacant site under

single ownership where construction of the whole precinct is occurring at the same time. In this regard,

the relationship and transition between buildings can be managed. In contrast, the Flora Street

Precinct contains a large number of existing dwellings of varying age, and the site is unlikely to be

redeveloped for some time due to strata titled developments. The redevelopment of the site will

inevitably be staggered leading to significant impacts between existing low density dwellings and

proposed buildings of up to 42m.

The highest FSR within the Sutherland Shire is 4:1 and is limited to a small number of key sites within

the Sutherland Centre. These sites are all zoned B3 Commercial Core which require no setbacks or

landscaped area, and typically see large floor plate commercial space on lower levels, making it far

easier to achieve higher densities.


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The bulk and massing diagram, contained in Appendix C, shows the scale of the proposed

development. Ten to 14 storey buildings overwhelm the existing residential flat buildings on the

northern side of Flora Street and the opposite side of Acacia Road. With this degree of density, it is

not possible to achieve the landscaped context set by the draft Development Control Plan (DCP).

The SSLEP2015 provides objectives in relation to both height and FSR. These objectives ensure that

future buildings do not adversely affect existing development and the character of an area. It is evident

that increasing the height on the land to the extent proposed is contrary to the following objectives:

(a) To ensure the scale of buildings:

i. is compatible with adjoining development;

ii. complements any natural landscape setting of the buildings.

The increase in FSR of up to 3.7:1 also fails to meet the following objectives:

(a) To ensure that development is in keeping with the characteristics of the site and the local area;

(b) To ensure that the bulk and scale of new buildings is compatible with the context and locality.

Increasing the height and density in this precinct needs careful consideration to determine the spatial

relationships between future buildings. Council needs to be satisfied that the land has the

environmental capacity to accommodate the development facilitated by the Planning Proposal. In

particular, it needs to ensure that the proposed development standards can achieve buildings with

adequate separation and amenity. This approach ensures that future development will be able to meet

the requirements of SEPP 65 – Design Quality in Residential Flat Buildings. Council also needs to be

satisfied that building forms will have an appropriate transition in scale to existing dwellings where

short term redevelopment is highly unlikely.

Separation requirements between proposed buildings appear to be compliant within the precinct

however, in those areas where building separation is minimal; the concept uses blank walls to achieve

SEPP 65 compliance. While technically permissible, blank walls would normally only be employed in

dense urban centres. Here development will be taken up slowly leading to large blank walls

dominating the landscape. In a suburban context such as this, it is preferable to design buildings as

towers in the landscape where residents can benefit from views and ventilation on each face of a

building. The density proposed would compromise the amenity of future residents while also reducing

the quality of individual buildings.

Given the ground floor commercial uses proposed on Flora Street, a nil front setback is proposed

when a 7.5m landscaped setback would normally be required. To achieve the FSR requested the

proposal shows a continuous built form along Flora Street, with an unbroken built form approximately

116m in length. This produces buildings of excessive visual bulk with large unbroken shadows being

cast. Development of this scale would rely upon blank walls to maintain the continuous built form.


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The Planning Proposal assumes that all existing strata titled buildings will redevelop; however, strata

titled properties are often barriers to redevelopment. Development of the precinct would inevitably be

staggered leaving periods where 30m blank walls are major elements in the landscape sited with nil

setbacks to existing low density dwellings. This is a poor planning outcome in what is a suburban

context.

An underlying principal of SSLEP2015 was to increase housing capacity while maintaining the

landscape character of the Sutherland Shire. Most neighbourhoods sit among canopy trees.

SSLEP2015 was based on the concept of high rise buildings being in centres surrounded by high

density residential flat zones that would sit comfortably among large canopy trees. A determining

factor when deciding to apply the 16m height limit was to ensure future development would be of a

comparable height to indigenous trees, helping to maintain the landscaped character of the Shire and

soften the visual impact of large residential flat buildings. The heights and densities proposed negate

the potential for a strong landscaped character to be achieved. The proposal is more akin to a dense

B3 Commercial Core zone than a R4 High Density Residential zone. The degree of change sought by

the proposal would result in a transformation in the character of the area comparable to places such

as Chatswood and Hurstville. The question arises as to whether Council wishes to change local

character to this extent.

The preparation of SSLEP2015 was based on more conservative increases in density that sought to

accommodate increased housing while maintaining the qualities of an area. This strategy has worked

and has allowed significant residential capacity to be realised. If Council is of the view that it is time to

review the strategic role of Kirrawee and Sutherland, this is best conducted as part of a detailed study

of how the entire area could function in the future. However, the concept presented in the subject

Planning Proposal does not present a convincing argument.

Implementation Strategy and Current Development Applications

The scale of the proposal brings into question the way the redevelopment strategy would be

implemented and how the precinct is expected to evolve over time. Given that 749 dwellings are under

construction at the Brick Pit site and there is substantial potential for other sites to be developed in

accordance with the existing planning provisions, the applicant was requested to provide an analysis

of the likely take up rates and market demand for units in the medium term, this was not provided.

Since the gazettal of SSLEP2015, four development applications for residential flat buildings have

been received within the precinct highlighting the economic viability of the current development

controls. The applications show that the current development controls can significantly increase

housing density, maintain good transitions to neighbouring dwellings and meet the objectives of the

zone.


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Additional Permitted Use – Food and Drink Premises

The Planning Proposal seeks food and drink premises as a permissible use along Flora Street. If this

area is to be a dense urban environment, activation of the street with cafes would improve passive

surveillance and the vitality of the neighbourhood. However, without clear market demand for such

uses, the question arises as to what the outcome would be if food and drink premises are not taken

up. Vacant space will be counterproductive to local amenity.

The Brick Pit makes provision for 8,000m2 of retail/commercial floor space of which a large portion is

anticipated to be taken up by cafes and restaurants. Without any analysis of the expected take up of

the commercial floor space, concern is raised that the applicant may be seeking to add the additional

uses in order to have a reduced street setback to Flora Street so that FSR can be more readily

achieved.

In the making of SSLEP2015 the NSW Planning and Environment took the view that Council had over

relied on Schedule 1. Many of the specific provisions of Schedule 1 were removed from the plan prior

to its gazettal. The general advice Council received was that it should rely on zoning rather than

Schedule 1. This suggests that the R4 zone is a poor fit for the outcomes sought by the proposal.

Strategic Potential of the Site

In 2007, the Draft Subregional South Strategy set a statutory responsibility for Sutherland Shire

Council to make provision for approximately 10,100 additional dwellings by 2031. To meet this goal,

Council prepared its most recent Housing Strategy which informed SSLEP2015. Development

applications approved since gazettal of the new plan show the market is taking up housing

opportunities at rates that exceed the demand forecasts of NSW Planning and Environment.

Council received the Planning Proposal in November 2015 at a time when Council was under no

obligation to facilitate additional housing supply. The view at the time was that new housing targets

would be contained in the Draft South District Plan. However, the Draft South District Plan has only set

Sutherland Shire a target of 5,200 additional dwellings by 2021 based on likely market demand.

SSLEP2015 will readily meet this target and therefore there is no immediate need for Council to

increase its housing capacity.

However, the Flora Street Precinct is well located to centres and transport and does have strategic

potential to take on a greater role in the future. In preparing its most recent housing strategy, Council

did not increase the development standards in Kirrawee to the extent of Sutherland, Miranda and

Caringbah centres due to of the degree of change expected from the Brick Pit development.

Council should note that the District Plan requires a minimum of 83,500 new dwellings in the south

district by 2036. To accommodate these dwellings, good planning practice requires a capacity based

approach to determine the location of future housing. A number of government agencies are currently

reviewing the existing infrastructure across NSW to determine areas where capacity exists.


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Investigation areas for future housing capacity will be part of the final District Plans. This process will

direct each council to create additional housing supply where future infrastructure can accommodate

growth. Both the Illawarra Line and the road network around Kirrawee are struggling to accommodate

current levels of use in peak periods. It would be premature to commit to significantly increase

development capacity at Kirrawee without knowing whether future infrastructure can accommodate the

growth.

If Council wishes to change the role of the centre it would be best informed by a comprehensive

design led review of the Kirrawee centre in its entirety and its relationship with the Sutherland Centre.

This review would need to look at a wider area than just the Flora Street Precinct and determine an

overarching strategic plan to guide the centres into the future. This should occur when the capacity of

the area is known and not on a case-by-case basis as planning proposals are received. It is

recommended that upon release of the final South District Plan a report be presented to Council

outlining how Kirrawee best fits within the larger strategic vision for the South District.

Traffic

One of the key planning constraints in Kirrawee is managing traffic. A traffic report prepared by Ason

Group formed part of the Planning Proposal. This report estimates that the proposal would generate

the following additional trips:

AM Trips PM Trips

Existing Site 88 90

Proposed Development (3:1) 358 445

Net Traffic Generation (increase) 270 355

Council’s Traffic Engineers have assessed the impacts of the proposal in conjunction with other

development within the Kirrawee Centre and surrounds. In March 2016, Council’s Traffic Engineers

concluded that in order to minimise the impact from the Planning Proposal on the future road network,

particularly at the Oak Road/Flora Street intersection, it was reasonable to increase the FSR up to a

maximum of 1.5:1 subject to cumulative traffic impact assessment including Brick Pit, Woolworths and

other Planning Proposals as appropriate.

The applicant subsequently put forward a revised FSR of 1.8:1. Council undertook traffic modelling on

this basis for the key intersections, taking into consideration traffic generation and distribution from the

Brick Pit development, proposed Woolworths and units in Flora Street, and the proposed childcare

centres at 112 Oak Road, Kirrawee. Council's traffic modelling indicated that even with the proposed

RMS and Council road and intersection improvements, impending developments in the area will take

up the additional capacity leaving no spare capacity at the key intersections to accommodate the

traffic increases from the Planning Proposal. As a result, Council’s Traffic Engineers do not support

any increases in the development standards in the precinct above the existing 1.2:1.


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The Standard Instrument Order contains specific objectives relating to the application of a FSR to a

parcel of land and the existing traffic capacity. Clause 4.4 states:

(c) to establish the maximum development density and intensity of land use, taking into account:

iii. the capacity of the road network to accommodate the vehicle and pedestrian traffic the

development will generate.

Any increase in FSR would be contrary to this objective. If Council seeks to increase the density in the

area it is recommended that it wait for the release of the NSW Government Long Term Transport

Master Plan and Infrastructure Plan which are due later this year. These plans will set the direction for

transport planning in NSW and provide a framework for transport and infrastructure investment

decisions.


The Planning Proposal could proceed within the Strategic Planning Unit’s budget allocation. Budget

allocation would be necessary if Council chooses to begin a strategic review of the

Kirrawee/Sutherland Centres.

POLICY

If the Planning Proposal proceeds, SSLEP2015 will be amended and locality specific DCP provisions

would be required.

CONCLUSION

The planning proposal seeks to amend the development standards applying to the land in the Flora

Street Precinct to provide an additional 1,700 dwellings. Based on State housing targets, there is no

justification to increase the number of dwellings in Kirrawee at this point in time. The Planning

Proposal has not adequately demonstrated that the height and density proposed will result in Kirrawee

being a pleasant living environment. Instead, the density would struggle to meet the design standards

of the Apartment Design Guidelines, have poor transitional relationships to underdeveloped sites, and

generate more traffic than the road network can accommodate. As such, the Planning Proposal is not

supported.

Despite this, Kirrawee Centre is strategically located and could take a very different strategic focus in

the future, but this is best led by a comprehensive review of the wider area. The final version of the

South District Plan will inform this review because it will highlight where future infrastructure capacity

will accommodate growth.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Strategic Planning, Mark

Carlon, who can be contacted on 9710 0523.



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PLN033-17 RECLASSIFICATION AND REZONING OF 276B GYMEA BAY ROAD, GYMEA BAY

Attachments: Appendix A and Appendix B

EXECUTIVE SUMMARY

• The restructure of Family Day Care in 2016 has resulted in the Council owed site located at

276B Gymea Bay Road, Gymea Bay becoming surplus Council to requirements.

• The identification of redundant Council owned assets and the divestment of surplus community

land supports Council’s financial sustainability, it is therefore recommended that this action

proceed.

• To facilitate this outcome, the land will be rezoned from RE1 Public Recreation to R2 Low

Density Residential and reclassified from Community Land to Operational Land, requiring the

preparation of a Planning Proposal to amend Sutherland Shire Local Environmental Plan 2015

(SSLEP2015).


THAT:

1. The disposal of land identified as being surplus to the current and future needs of the local

community located at of 276B Gymea Bay Road, Gymea Bay (Lot 1 DP 14346) be endorsed.

2. A Planning Proposal be prepared to amend Sutherland Shire Local Environmental Plan 2015

by rezoning 276B Gymea Bay Road, Gymea Bay (Lot 1 DP 14346) from RE1 Public

Recreation to R2 Low Density Residential and reclassifying the land from 'Community' to

'Operational' land. The Planning Proposal is to be submitted to the Greater Sydney

Commission for Gateway Approval to facilitate the public exhibition of the proposal.

3. Subject to point 1, a public auction process be undertaken for the sale of Lot 1 DP 14346

located at 276B Gymea Bay Rd, Gymea Bay and if the auction reserve price is reached, a

contract for sale at terms and conditions to the satisfaction of the General Manager be entered

into.

4. Subject to point 3, in accordance with the Power of Attorney dated 6 July 2016 BK 4710 No.

28, the General Manager execute any necessary documentation to give effect to this

resolution.


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PURPOSE

This report seeks Council’s endorsement of the divestment of surplus community land at 276B Gymea

Bay Road, Gymea Bay. If supported, Council must also resolve to reclassify the land from Community

land to Operational land and to rezone the site from RE1 Public Recreation to R2 Low Density

Residential. A Planning Proposal is required to facilitate this process by amending SSLEP2015.

BACKGROUND

The site of 276B Gymea Bay Road, Gymea Bay is currently zoned as RE1 Public Recreation and is

presently occupied by a Council Children’s Services Family Day Care. Council purchased this property

on 20 September 1974 from the Church of England Property Trust for $27,500.00.

The site is triangular with a total area of approximately 708m2. It is bordered by Gymea Bay Road to

the west and Greygum Place to the east. The site contains a single storey fibro building with

corrugated sheet roofing, as well as play equipment and shade structures. A number of large trees

exist on the site. Pedestrian access is available from both Gymea Bay Road and Greygum Place to

the rear. No vehicular access is present at this time, although Greygum Place has roll-top kerbing. The

building is nearing the end of its economic life. While the site is currently zoned RE1 Public Recreation

under SSLEP2015, it is fenced and public access is not permitted.

The subject site is located within a well-established R2 Low Density Residential zone, as shown in

Appendix A. The rezoning from RE1 to R2 would make the property consistent with surrounding land.

The rezoning of the land would include the application of the relevant development standards for the

R2 Low Density Residential Zone to the site.

DISCUSSION

The key issues raised by the rezoning and disposal of the site are addressed below.

The Land is Surplus to Council’s Community Service Needs

The site has been used by Children’s Service to facilitate play sessions for Family Day Care

Educators as well as local playgroups. A restructure of Family Day Care in 2016 has resulted in

Children’s Services no longer facilitating play sessions or playgroups at Gymea Bay, the site is now

only utilised to host training and meetings, which can occur in other locations. Family Day Care

educators and families were involved in extensive consultation and this change has been implemented

over the past year with many alternate networking opportunities provided. The site is now considered

to be redundant and is surplus to the needs of Children’s Services.

The site is currently hired out to local playgroups and is utilised on Monday, Tuesday, Thursday and

Friday 10am – 12pm. There are within close proximity alternative venues which playgroup users could

occupy, these include Gymea Bay Oval and the Gymea Bay Community and Recreation Centre Hall,

Forest Road Scout Hall, Grays Point Community Hall or the Gymea Community Centre located in

Gymea Village.


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Availability of Alternate Public Recreation Facilities

Approximately 94m south of the subject site is a Reserve located at 2-6 Casuarina Road, Gymea Bay

(Lot 1 DP 10487). The reserve is zoned RE1 Public Recreation and is triangular with an area of

approximately 936m2. A 1.2m high fence borders the boundaries separating the park from traffic on

Gymea Bay Road and Casuarina Road. The park includes play equipment on a sand pit base and has

seating and public rubbish bins within a landscaped setting and is located opposite neighbourhood

shops.

Approximately 200m north of the subject site is ‘Old School Park’ at 250B Gymea Bay Road, Gymea

Bay (Lot 1 DP 847383) which is also zoned as RE1 Public Recreation. This is a large park with an

area of approximately 5,050m2. The park includes play equipment on a mulched based, multiple

seating options, a cycle path, substantial grassed areas and two gazebo structures. This park adjoins

an extensive area of bushland to the north east (Appendix B), which adds to its amenity and

recreational value.

The presence of these two parks in close proximity to the subject site offer local residents good

access to a wide range of recreational opportunities without needing to reply on the subject site. Being

only 708m2 in area and triangular, the subject site is too small to lend itself to a wide range of

recreational uses.

Consideration of Alternative Community Uses Maintaining this facility with its current usage requires ongoing costs such as cleaning, gardening,

waste collection, utility charges, consumables and general maintenance. These costs are not met by

the rent received by the playgroup users. In addition the existing revenue does not account for the

significant investment that will be required on the buildings infrastructure in future years.

Other community uses have been considered and deemed not viable include:

• Library – the size of the subject site being only 708m2 is not large enough to support a library.

Furthermore, the site is not located in close proximity to a train line or regular bus services, and

insufficient parking would be available to accommodate users.

• Community Hall – the provision of local community hall facilities are adequate to the current and

future needs of the local community.

Fit for the Future: Strategy 3 Financial Sustainability seeks to identify redundant Council owned assets

and develop a divestment strategy. The subject property is redundant in its present use of a Family

Day Care and is surplus to the recreation and community service needs of the local community.

Therefore, Council’s should divestment itself of the subject property.


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Rezoning and Reclassification

If the land is considered surplus to existing and future requirements and Council looks to divest itself

of the asset, SSLEP2015 must be amended to rezone the land and to be reclassified as Operational

Land. A Planning Proposal must be prepared followed by community consultation, and a Public

hearing on the proposed reclassification of land. This process cannot commence until a Planning

Proposal is submitted to the Greater Sydney Commission and has received Gateway approval.

CONSULTATION

Subject to Gateway Approval, consultation will typically consist of a 28 day public exhibition. A public

hearing will also be required to inform the reclassification of the land.


The preparation of a Planning Proposal can be met within the budget allocation of Strategic Planning.

The Public Hearing will be the responsibility of the Property Services Unit utilising existing resources.

Funds from any sale of the property would be paid into the Property Fund to be allocated to future

investment options to be considered by Council.

POLICY

Realising the locked capital held within this surplus asset allows Council to take a strategic approach

to its asset management and progress towards achieving long term financial sustainability.

CONCLUSION

The present usage of the subject site does not facilitate public access and the use is redundant to the

local community needs. The close proximity of alternative suitably equipped public recreation facilities

meets the current and future needs of the immediate local community. These factors support Council

divesting itself of the property. The proposed reclassification and rezoning to R2 Low Density

Residential would be consistent with surrounding land and will facilitate the disposal of surplus Council

owned land, by way of public auction.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Manager Property Services, Lani

Richardson, who can be contacted on 9710 0614, Manager Children’s Services, Renae Giles, who

can be contacted on 9710 0253 and the Manager Strategic Planning, Mark Carlon, who can be

contacted on 9710 0523.


11/04/2017

100500

Sutherland Shire Council Mapping

This map has been produced with the most current data available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information. Printed:

at A4 2,500Scale 1:

Metres


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7/04/2017

100500

Sutherland Shire Council Mapping

This map has been produced with the most current data available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information. Printed:

at A4 2,500Scale 1:

Metres


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PLN034-17 EXHIBITION REPORT PLANNING PROPOSAL 1A & 1-13 ATKINSON ROAD, TAREN POINT (DRAFT AMENDMENT SSLEP2015)

Attachments: Nil

EXECUTIVE SUMMARY

• The land located at 1A and 1-13 Atkinson Road, Taren Point was to be purchased by Council to

form part of the Woolooware Bay cycle way, however this has not eventuated and the site is no

longer required.

• A Planning Proposal to reclassify and rezone 1A and part 1-13 Atkinson Road, Taren Point from

RE1 Public Recreation to B7 Business Park, and remove the land reservation status was

therefore prepared, the consultation phase of this is now complete.

• No submissions were received from the community, however submissions were received from

the Office of Environment and Heritage (OEH) and Ausgrid supporting the Planning Proposal.

• It is recommended that the Planning Proposal proceed as exhibited.


THAT:

1. Council formally request Parliamentary Counsel prepare and make a legal instrument to

rezone land at 1A and part 1-13 Atkinson Road, Taren Point to B7 Business Park with a Floor

Space Ratio of 1.5:1, Minimum Lot Size 1Ha, Maximum Building Height of 16m and remove

the Land Reservation status; Local open space (RE1).

2. On receipt of the Opinion of the Parliamentary Counsel's Office that the legal instrument can

be made, pursuant to Clause 400 of the Local Government (General) Regulations 2005, the

LEP be executed under the Common Seal of the Council of the Sutherland Shire in the

presence of the Mayor and General Manager.


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PURPOSE

The purpose of this report is to detail the results of the exhibition of the Planning Proposal for land at

1A and part 1-13 Atkinson Road, Taren Point.

BACKGROUND

Council resolved on 19 December 2016 (PLN013-17) to prepare a Planning Proposal to effect

changes to zoning and the removal of the Land Acquisition status on the land. The land was originally

reserved for the completion of the Woolooware Bay cycle way, however, Council has not been

successful in purchasing the land. An alternative solution has been developed that does not require

the acquisition of the land.

The proposal was prepared and submitted to the Greater Sydney Commission on 20 January 2017. A

Gateway Determination was received on 10 February 2017, allowing the proposal to proceed to

exhibition subject to conditions. The Gateway Determination delegated plan-making power to the

Council.

DISCUSSION The proposal seeks to rezone the land from RE1 Public Recreation to B7 Business Park, to apply the

following development standards: Floor Space Ratio of 1.5:1, Minimum Lot Size 1Ha, and Maximum

Building Height of 16m and to remove the Land Reservation status: Local open space (RE1).

Council has been delegated the authority to make the plan for this proposal.

CONSULTATION

Exhibition material was available at all Council library branches, at the Customer Service Centre and

online through Council’s “Join the Conversation” website from 28 February to 29 March 2017.

As a condition of the Gateway Determination, Council was required to consult the Office of

Environment and Heritage (OEH), who provided a submission in support of the planning proposal.

A submission was also received from Ausgrid that supported the planning proposal, commenting that

any future development required due consideration to be given to the compatibility of the proposed

development with the existing Ausgrid infrastructure.

No public submissions were received during the exhibition period.


The finalisation of the Planning Proposal is within the budget and resources allocation of the Strategic

Planning Unit.


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POLICY

The recommendations within this report will amend Council’s primary planning instrument

SSLEP2015.

CONCLUSION

The Planning Proposal seeks to amend the SSLEP2015 by rezoning land at 1A Atkinson Road and

part 1-13 Atkinson Road, Taren Point. It is recommended that the Planning Proposal proceed as

exhibited.

RESPONSIBLE OFFICER


Carlon, who can be contacted on 9710 0523.



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PLN035-17 EXHIBITION REPORT PLANNING PROPOSAL PART 99R ACACIA ROAD & PART 42 AUBURN STREET, SUTHERLAND

Attachments: Appendix A

EXECUTIVE SUMMARY

• Land in Council ownership (Part 99R Acacia Road, Sutherland) will be reclassified from

Community to Operational Land and rezoned from RE1 Public Recreation to R4 High Density

Residential. An equivalent area of land in private ownership (Part 42 Auburn Street, Sutherland)

will be rezoned from R4 High Density Residential to RE1 Public Recreation.

• The Planning Proposal is running concurrently with the Development Application (DA16/1620)

by Bupa Care Services Pty Ltd (BUPA) for seniors housing.

• Three submissions were received during the public exhibition, and these generally raised issues

with the building height, traffic, parking, impact on existing character, overshadowing and

pedestrian safety.

• The issues of concern to the community are essentially matters to be considered as part of the

development assessment process. The issues do not establish that a better public recreation

outcome can be achieved with the status quo. The issues do not warrant change to the Planning

Proposal.


That Council formally request the Department of Planning and Environment to prepare and make a

legal instrument to amend SSLEP2015 in accordance with the Planning Proposal Part 99R Acacia

Road and Part 42 Auburn Street, Sutherland.


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PURPOSE

The purpose of this report is to detail the results of the public exhibition of the Planning Proposal for

part 99R Acacia Road and part 42 Auburn Street, Sutherland.

BACKGROUND

Council resolved on 18 July 2016 to prepare a Planning Proposal which seeks to facilitate a land swap

between the developer of a seniors housing development (BUPA) and Council (FAS007-17). BUPA

initiated the Planning Proposal to improve the development outcomes for their site but also

recognising that making the open space square, rather than L-shaped, would improve its recreational

value to the community. At present the land in Council ownership is fenced and does not provide any

recreational value to the community.

DISCUSSION

The Planning Proposal seeks to reclassify and rezone Part 99R Acacia Road, Sutherland from

Community to Operational land and rezone it RE1 Public Recreation to R4 High Density Residential

while applying the following development standards: maximum floor space ratio 1.5:1, maximum

building height of 20m and a minimum 30% landscape area. Additionally, the Planning Proposal seeks

to rezone an equivalent area that forms part of 42 Auburn Street, Sutherland from R4 High Density

Residential to RE1 Public Recreation, while removing the following development standards; maximum

floor space ratio 1.5:1, maximum building height of 20m and a minimum 30% landscape area.

The proposal was submitted to the Department of Environment and Planning on 1 November 2016.

The Gateway Determination was received on 25 November 2016, which allowed Council to exhibit the

Planning Proposal. Due to the reclassification of land, the Gateway Determination delegated plan-

making power to NSW Planning and Environment.

CONSULTATION Exhibition material was available at all Council library branches, at the Customer Service Centre and

online through Council’s “Join the Conversation” website. The proposal was on exhibition between 21

December 2016 and 31 January 2017. A public hearing was also held on 23 February 2017.

As a condition of the Gateway Determination, Council were required to consult with a number of public

authorities which included NSW Health, Transport for NSW and the Office of Environment and

Heritage.

Public Authority Submissions

Two public authority submissions were received from the Office of Environment and Heritage (OEH)

and the Road and Maritime Services (RMS). The submission from RMS raised no objections.

The initial OEH submission referred to the impacts of removing and fragmenting the native vegetation

evidenced as an Endangered Ecological Community - Sydney-Turpentine Ironbark Forest (STIF).


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OEH concerns included the impact of the development on the Council reserve; removal, fragmentation

and isolation of the STIF; the overshadowing of STIF vegetation by new buildings (height 22.65m); the

close proximity of the development to the reserve (1.5m); and possible hydrological changes

associated with excavated construction work. OEH recommended that further consideration be given

to the impact of the development. It recommended further investigation be conducted through the

development application to provide measures to limit negative impacts on the STIF species present

and to enhance the connectivity along Acacia Road between the BUPA development and the Council

reserve.

In response to OEH comments BUPA conducted further research which included:

• Comprehensive Flora Survey, Assessment of Significance and Section 5A Assessment (Seven

Part Test) for STIFF dated 27 February 2017.

• Vegetation Management plan dated 28 February 2017.

• Corrections to inconsistencies in the Arborist report, Ecologist report and Tree Removal and

Retention Plan.

Council’s Environmental Science Unit have considered the further research and agree with the

consultant’s assessment and conclusion being “provided there are no changes in design resulting in

additional impacts on the STIF, then the proposal is unlikely to result in a significant impact and as

such does not require a Species Impact Statement.”

On 30 March 2017, OEH reviewed the additional information provided. A subsequent submission from

OEH was received. OEH are now supportive of the recommendations made by Eco Logical Australia

and have no further comments in relation to the Planning Proposal. As such OEH’s initial concerns

have been fully resolved.

Public Hearing

On 23 February 2017, a Public Hearing was convened for the purposes of Section 29 of the Local

Government Act 1993. An independent facilitator managed the hearing that aimed to discover and

explore issues of concern for those in attendance (12 attendees). The main concerns noted were the

potential loss of public amenity due to overdevelopment of the BUPA site, the timing and type of park

embellishment, and environmental concerns including impacts on the STIF.

Appendix A contains the Public Hearing Report (23 February 2017). The main comments/suggestions

put forward regarding the Council reserve were:

• That Council build the park immediately;

• That the L shape be maintained in order to provide greater setbacks to the development;

• That Council acquire all the land along Acacia Road; and

• That Council acquire the back portion of the L shape park to create a new larger rectangle park

(rather than proceed with a land swap).


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Timing and design of the park are issues that Council can address. However, the main issues relate to

the potential loss of the trees and the role of the park as a buffer to existing residents located opposite.

The primary purpose of public open space is to provide for the recreational needs of residents. The

proposed consolidated square space is more useable than the existing L-shaped space. The ‘square’

configuration also enhances visual surveillance and security. As such the land swap is considered to

facilitate a better public outcome.

Council’s Environmental Science Unit and OEH comments both concluded that there will be no

adverse impacts on vegetation. BUPA have offered to embellish the park as part of a VPA. It is

considered that the Planning Proposal is the best means of achieving a positive long-term outcome for

the reserve without creating further acquisition liabilities for Council.

In conclusion, it is considered that the issues raised do not warrant abandoning the proposed rezoning

and reclassification of the land.

Delegation of the Plan Making Process The Department of Planning and Environment has the delegation of plan making for this proposal.


The finalisation of the Planning Proposal is within the budget and resources allocation of Strategic

Planning.

POLICY

The recommendations within this report will amend Council’s primary planning instrument

SSLEP2015.

CONCLUSION The Planning Proposal for Draft Amendment to SSLEP2015 seeks to rezone and reclassify land at

both part 99R Acacia Road, and part 42 Auburn Street, Sutherland. The main issue is the potential

impact on significant vegetation. However, it has been established that there will be no adverse

impacts on vegetation.

The ‘square’ configuration is also the best means of achieving a better design outcome for the

reserve. At present the open space provides no recreational value. The land swap proposed in the

Planning Proposal and it’s embellishment through a VPA will create value for the community with the

delivery of a quality recreation space. The proposal should proceed as exhibited.

RESPONSIBLE OFFICER


Carlon, who can be contacted on 9710 0523. File Number: 2016/260973

Sutherland Shire Council

Proposed Reclassification of Community Land –

99R Acacia Road, Sutherland

Public Hearing - Report

Tierney Page Kirkland Pty Ltd Leaders in Facilitation

Suite 507, Ashington Court 147 King Street Sydney NSW 2000

Tel 1 1300 TPK TPK (875 875) Tel 2 (02) 9045 3306Mobile 0411 604 168E-mail [email protected] www.tpk.com.au

23 February 2017


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Reclassification of Community Land – 99R Acacia Rd, Sutherland Public Hearing – Report

February 2017 Tierney Page Kirkland

Table of Contents

1 INTRODUCTION ..................................................................... 1

1.1 REPORT .......................................................................................... 1

2 SETTING THE SCENE ............................................................... 2

2.1 WELCOME – LUCIA COSLOVI, PROPERTY OFFICER ................................... 2

2.2 LAND RECLASSIFICATION EXPLAINED ...................................................... 2

2.3 HEARING OBJECTIVES ......................................................................... 2

3 INFORMATION GATHERED FROM PUBLIC HEARING ............... 4

3.1 ASSUMPTIONS.................................................................................. 4

3.2 CONCERNS ...................................................................................... 4

3.3 QUESTIONS ..................................................................................... 4

3.4 SUGGESTIONS .................................................................................. 5

3.5 ACTION PLAN ................................................................................... 6

APPENDICES

Appendix 1 Sketches Presented by Council


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February 2017 Tierney Page Kirkland Page 1

1 Introduction

This report provides a record of the discussions that took place and the information shared at the public hearing in relation to the proposed reclassification of community land at 99R Acacia Rd, Sutherland. The hearing was held on Thursday, 23 February 2017, in Council Chambers, Sutherland Shire Council, Eton St, Sutherland.

There were approximately 12 attendees at the session. It commenced at 6 35pm and concluded at 7 50pm. While the names and contact details of those who attended were recorded, they are not included in this report for privacy reasons.

The independent facilitator for the session was Declan Tierney of Tierney Page Kirkland Pty Ltd who brought a clearly defined structure to the process. The mood throughout was non-adversarial with everyone in attendance displaying a respectful demeanour at all times. This helped ensure that key issues and concerns were identified and discussed openly.

Participants’ input / views were recorded verbatim and in real time using a computer and data projector.

After a brief presentation that provided information regarding the current status of the reclassification, the adopted methodology allowed attendees to:

Spell out their assumptions regarding the proposed reclassification.

Express concerns;

Ask questions; and

Put forward suggestions for consideration

1.1 Report

The information contained in this report is an accurate record of the input received from those in attendance. No attempt has been made to draw conclusions or infer meaning.


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2 Setting the scene

2.1 Welcome – Lucia Coslovi, Property Officer

Lucia opened proceedings by welcoming participants to the hearing and thanking everyone for taking the necessary time from their busy schedules.

She briefly outlined the rezoning process and rationale underpinning the reasons for initiating the process.

Lucia stressed that the session was only about discussing the reclassification, it had nothing to do with the development approval process.

The sketches referred to may be found in Appendix 1.

2.2 Land reclassification explained

The following information was provided in the agenda for the session and is included here for information purposes.

What is reclassification of Council Land?

It is the legal process under the Local Government Act 1993 normally used for converting Community Land to Operational Land.

What do the terms Community and Operational Land mean?

Community Land is a class of Council owned or managed land which cannot be sold and can only be leased for a limited range of purposes, normally used for land such as parks it is generally intended to keep the land in Council ownership for uses that benefit the community. Operational Land on the other hand is unrestricted and Council can lease or sell the land with virtually no restrictions.

What purpose does the public hearing serve?

It is a statutory process under the Local Government Act 1993 allowing members of the community to raise their issues in front of an independent person and for that person to record the concerns and report them to Council.

Does zoning influence classification?

No. They are completely separate. Zoning under the Sutherland Shire Environmental Plan 2015 prescribes permitted forms of development while classification provides permissions to Council in relation to land transactions such as sale or lease.

What happens after the public hearing?

The independent chairperson of the hearing provides a report to Council detailing the submissions made. The Council then considers whether to proceed with the reclassification or not. If it decides to proceed the matter is sent to the Minister for Planning to make the final decision as part of the local environmental plan process and the reclassification is gazetted after which the classification changes.

2.3 Hearing objectives

Before launching into any workshop or hearing, it is important that participants agree on its purpose and the input being sought. The objectives were circulated prior to the workshop and these revisited at the commencement of the session.

The objectives for the hearing were:

To update participants on the current status of the proposed reclassification;

To identify issues and concerns;

To record questions in regard to proposals;

To obtain and record answers to questions, where possible;

To record any suggestions put forward by participants; and

To develop an action plan as necessary.


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In expressing their views, the attendees were encouraged to dictate words that succinctly expressed their points. This information was recorded on a computer displayed on a data projector. Throughout, confirmation was sought that what had been recorded accurately reflected the intended meaning.


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3 Information gathered from public hearing

The contributors were asked to provide input by listing their assumptions regarding the situation, their concerns, and / or their questions. The results are provided in the sections that follow.

3.1 Assumptions

When the various assumptions had been listed, they were discussed as being

facts, working assumptions or questionable.

Facts

The shape of the recreational space will change from L-shaped to rectangular.

Final design of the park has not been fully resolved.

If the parcel of land was to remain in its current shape, it is unlikely that there would be significant investment in developing it - it would likely remain a pocket park.

If the land swap does not proceed, BUPA will still be able to develop its site but would need to amend the current design.

Retaining the L-shape would restrict the frontage face of the high rise - there would be a greater setback from the street.

Working assumptions

There is parkland there at present and there will be parkland in the future.

Questionable

Council is proposing this change to improve amenities for the community.

Trees currently on site will not be removed.

3.2 Concerns

The L-shaped block of land being transferred to BUPA – therefore lost as a public amenity.

The swap happens, the reclassification goes ahead and a monstrosity gets built.

If the land swap proceeds, the developer will construct high rise to the street face, which could not occur without the land swap.

Following the land swap, the park is never developed.

The premise that a rectangular park is easier to maintain than a L-shaped park may not be true

A good reason for proceeding with the land swap does not appear to be evident, since Council does not have a clear plan as to what to do with the new area that will result.

The impact that the land swap could have on the significant Sydney Turpentine Ironbark Forrest.

3.3 Questions

The attendees were asked to table any questions they had regarding the

reclassification. The Council officers present agreed to provide feedback where

possible. The results follow:

Question / concern Response

Why does Council want to reclassify 99R Acacia Rd from community land to operational?

Council would like to have some flexibility in the future use of the site. It cannot do this under the community land classification.


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Question / concern Response

Why does the land have to be reclassified?

Without reclassifying Council cannot do the land swap, which it has endorsed.

What is the benefit to the community of having a rectangular park rather than L-shaped

Regular shape facilitates maintenance, enhances visual surveillance and security. It is a more traditional park shape.

Would Council be reclassifying if a DA had not been lodged?

No. Following BUPA's pitch to Council, benefits were seen and Council resolved to support the land swap.

What will the road frontage be of the new park?

Approximately 35 - 40 metres, the existing frontage is in the order of 58 metres

If land swap goes ahead how long will it be before the park is developed?

It is not possible to predict at this stage.

Will BUPA be responsible for developing the new park as part of the DA approval conditions?

It is a possibility; however, it has not been discussed / negotiated at this stage.

Will there be public consultation regarding design of the new park?

Yes, this is standard practice.

Are the land areas being swapped identical in terms of area?

Yes.

Have valuations been undertaken on the parcels being swapped?

No, but it is likely that the valuations would show different values due to the current zonings, but would be valued the same under the proposed zoning as the land size is the same.

Is BUPA receiving a commercial benefit through this land swap without providing appropriate compensation?

Comment.

How often do land swaps occur? Rarely, although reclassifications do occur on a reasonably regular basis.

Has Council considered taking the rear part of the “L” and putting it to the street frontage?

No, it would limit development potential for BUPA and would create a greater impact on the endangered trees.

3.4 Suggestions

Finally, the group was invited to put forward suggestions that could be considered

by Council going forward. They were:

Can we …?

Get Council to build the park right now as L-shaped and cancel the land swap.

Create a rectangular park by purchasing a portion of the BUPA site adjacent to the “L”.

Obtain closure in relation to the issue of the park, as it has been in a state of flux for 15 years.

Take the rear part of the “L” and put it to the street frontage


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3.5 Action plan

The final task undertaken in bringing the hearing to a conclusion was to list actions that need to be pursued.

Just one item as identified as shown below:

No Action Who By When

1 Prepare and submit the draft report from tonight’s hearing to Council.

Declan Tierney 28 Feb 2017


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Appendix 1

Sketches Presented by Council


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NAME OF PLANNING PROPOSAL

Sutherland Shire Local Environmental Plan 2015 Amendment 8

LAND AFFECTED AND PROPOSED CHANGES

Part 99R Acacia Road Sutherland (part Lot 11 DP 1103619)

o Reclassify approximately 445 m2 from Community to Operational Land

o Rezone approximately 445m2 from RE1 Public Recreation to R4 High Density

Residential

o Apply development standards to the land to be zoned R4 – maximum Floor Space

Ratio (FSR) 1.5:1; maximum height of buildings 20m and minimum 30% landscape

area

Part 42 Auburn Street Sutherland (part Lot 200 DP 1110295)

o Rezone approximately 445 m2 from R4 High Density Residential to RE1 Public

Recreation

o Remove development standards from the land to be zoned RE1 - maximum FSR

1.5:1; maximum height of buildings 20m and minimum 30% landscape area

The rezoning and reclassification are to facilitate a land exchange to occur between Sutherland Shire Council (owner of the RE1 land) and Bupa Care Ser

vices Pty Ltd (owner of the R4 land). Bupa intends to develop the resultant R4 zoned site. The resultant RE1 Public Recreation land will be reconfigured into a regular rectangular shaped allotment, rather than as current - an ‘L’ shaped allotment.

Subject Site Locality Plan - Aerial photo 2015


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Site Plan

42 Auburn Street (part Lot 200 DP 1110295) - 445sq.m. to be zoned RE1 and

99 Acacia Rd (part Lot 11 DP 1103619) - 445sq.m. to be reclassified as Operational land and zoned R4


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PLN036-17 PROPOSAL: IHAP013-17 - ALTERATIONS AND ADDITIONS TO AN EXISTING ALDI SUPERMARKET AND CARPARK, CONSTRUCTION AND USE OF 5 STOREY RESIDENTIAL FLAT BUILDING CONTAINING 57 RESIDENTIAL APARTMENTS ABOVE THE EXISTING CARPARK TO CREATE A MIXED USE DEVELOPMENT AND STRATUM SUBDIVISION OF 2 INTO 3 – WANDELLA ROAD, MIRANDA

PROPERTY: LOTS 1 & 2 DP 1153094, (NOS. 14 & 16) WANDELLA ROAD, MIRANDA

APPLICANT: MIRANDA CENTRAL PTY LTD FILE NUMBER: DA16/0641

Attachments: Appendix A, Appendix B and Appendix C

EXECUTIVE SUMMARY

• This report was referred to the Independent Hearing and Assessment Panel (IHAP) because

the application was called up by Cr Barry Collier, Cr Jack Boyd, and Cr Peter Scaysbrook. The

proposal exceeds the maximum building height development standard of 25m specified in

Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015) by 4.8% (1.2m) and various

setback controls contained within the Apartment Design Guide (ADG).

• The application is for alterations and additions to an existing ALDI supermarket and carpark,

construction of a five storey residential flat building containing 57 residential apartments above

the existing carpark to create a mixed use development and stratum subdivision of two lots into

three at the above property.

• The subject site is located on the corner of Wandella Road and Penprase Lane, Miranda. It is

an irregular shape and legally described as Lots 1 and 2 in DP1153094. The site has an area of

3,780m2 and presently comprises a three storey commercial building containing an ALDI

supermarket and associated car parking, and a multi-deck car park for the adjacent Miranda

RSL / gymnasium.

ASSESSMENT OFFICER’S RECOMMENDATION THAT: 1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to Clause 4.3 Building Height satisfies the

relevant provisions of Clause 4.6 and is therefore supported. It is recommended that the

provisions of Clause 4.6 be invoked and that the Building Height development standard be

varied to 26.2m (4.8%), in respect to this application.


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2. Development Application No. 16/0641 for alterations and additions to an existing ALDI

supermarket and carpark, construction and use of 5 storey residential flat building containing

57 residential apartments above the existing carpark to create a mixed use development and

stratum subdivision of two lots into three at Lots 1 & 2 DP 1153094 (Nos. 14 & 16) Wandella

Road, Miranda, be approved by way of deferred commencement consent subject to the

conditions contained in Appendix “A” of this report.


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IHAP COMMENTARY

Extract from the Report of the Meeting of the Independent Hearing and Assessment Panel, held on Wednesday, 19 April 2017, commencing at 6:00pm, in the Council Chambers, Level 2, Administration Building, 4-20 Eton Street, Sutherland

PRESENT: Charles Hill (Chairperson/Expertise in Planning), Erica Marshall-McClelland (Expertise in

Traffic & Transport, Planner & Registered Architect), Larissa Ozog (Expertise in Town Planning) and

Craig McCallum (Community Representative with Expertise in Traffic).

Staff in attendance was the Acting Manager Major Development Assessment (Carine Elias).

*** Disclosures of Interest File Number: 2016/260430

Charles Hill indicated that he was known to one of the Consultants acting on behalf of the application

DA16/0641 - Wandella Road, Cronulla, but he indicated that he had no discussions nor involvement

with the project in which the Consultant was now involved.

…………………

Ms Long and Mr Linden on behalf of the Objectors, and Messrs Quartermain, Innes, Woods and Mss Huy and Castellanos, on behalf of the Applicant, addressed the Panel regarding this matter.

IHAP RECOMMENDATION:

THAT:

1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to Clause 4.3 Building Height satisfies the

relevant provisions of Clause 4.6 and is therefore supported. It is recommended that the

provisions of Clause 4.6 be invoked and that the Building Height development standard be

varied to 26.2m (4.8%), in respect to this application.

2. Development Application No. 16/0641 for alterations and additions to an existing ALDI

supermarket and carpark, construction and use of 5 storey residential flat building containing 57

residential apartments above the existing carpark to create a mixed use development and

stratum subdivision of two lots into three at Lots 1 & 2 DP 1153094 (Nos. 14 & 16) Wandella

Road, Miranda, be approved by way of deferred commencement consent subject to the

conditions contained in Appendix “A” of the report with the following amendments:


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a) Deletion of Deferred Commencement Condition 1(a)

b) Deletion of Deferred Commencement Condition 1(b)

c) Amend Condition 18A (xi) by adding the following words after the word mirrors:

“or an automated system or both.”

d) Amend Condition 41A (iv) by adding the following words after the word Level 2: “through the reallocation of spaces from the existing designated RSL spaces”

e) Addition of the following new condition:

“A traffic assessment is to be carried out to ensure that vehicles are able to safely ingress

and egress the site. The focus of the report is to consider the design of the existing

ramps, in an attempt to minimise any potential traffic conflicts and adopt mitigation

measures recommended by that report.”

f) Addition of the following new condition:

“The provision of privacy screens on the balconies on the sixth floor of the southern

elevation of the proposed building are to be included to offer a greater degree of privacy

for the existing units at No. 621 Kingsway, Miranda.”

PANEL COMMENTARY: Site Visit

The Panel attended the subject site at Wandella Road, Miranda and the neighbouring the property at

Unit 21/ 621 Kingsway, Miranda.

Presentations to Panel at the Public Meeting

The main issues raised in submissions related to road safety, view loss, traffic and parking, garbage

collection, overshadowing, privacy, and building height and separation.

On behalf of the objectors, Ms Long and Mr Linden expressed concerns mainly in respect of the

increased potential for overlooking from the new apartments.

The applicant’s main concerns with the Council Officers report related to a number of proposed

conditions relating to further increasing the setback of the building to the north, the need for the

development to be cross ventilated in accordance with the minimum requirements of the ADG (60%),

the addition of 22 car spaces, and the provision of storage in the basement area.

Consideration of Issues

The Panel was satisfied that the assessment report prepared by the Council officers had adequately

addressed all the issues raised by the objectors in their submissions. The Panel felt that some

additional screening along the southern elevation at the 6th level could be incorporated to satisfy the

residents’ concerns in the existing RFB at No.621 Kingsway Avenue, Miranda. This would improve

privacy to this development.


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However the Panel was in disagreement with the Council Officers’ in relation to increased separation

distances between the buildings on the basis that the building is proposed to be setback 7.5m from the

northern boundary and has been designed in such a manner to minimise any potential for overlooking

and loss of solar access to the neighbouring properties.

Providing a greater setback will adversely affect the internal amenity of the existing apartments (as

proposed) and would substantially compromise the overall design and form of the development. A

substantial redesign would need to occur. Considering that the proposal has been designed to

substantially minimise any amenity impacts to the north, and the development has been skilfully

designed in attempt to improve the visual amenity and outlook for those apartments. The unit block to

the north currently looks back onto the service areas of the carpark and access stairs which is a poor

visual outcome. The proposed development attempts to improve this situation.

The Panel was also satisfied that the applicant was capable of providing cross ventilation to

approximate 79% of the units and therefore it met the requirements of 60% as required by the ADG

controls. The applicant’s expert consultant in Wind Engineering provided sufficient evidence to satisfy

the panel that the development satisfied the minimum cross ventilation requirements of the ADG as

such the panel agreed to remove Condition No. 1(b) be deleted.

The Panel however did not agree with the applicant’ to delete Condition 3A (xi) in relation to the

provision of additional storage in the Level 2 and 3 carparks.

The Panel also felt that privacy to the building at 621 Kingsway could be improved by the provision of

privacy screenings on the balconies of the sixth floor on the southern elevation of the proposed

building.

The Panel also believe that a traffic assessment should be carried out to consider and suggest

additional measures to ensure that vehicles could ingress and egress the site safely particularly in

relation to the design of the existing ramps which are tight and relatively narrow and mitigation

measures should be implemented to minimise conflicts.

The Panel also proposed an amendment to Condition 41A (iv) to clarify that an additional 22 car

spaces were not required, but a reallocation of existing RSL spaces was proposed.

Reasons for Variation from Council Officer’s Report

The conditions in relation to separation distance, and increased cross ventilation, were deleted on the

basis that the Panel were of the view that an increase in the separation distance would not achieve

any significant change in amenity, and that there was no adverse impacts in relation to solar access,

and privacy, the building having been designed in such a manner addressing these concerns.


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In relation to cross ventilation the applicant had addressed this issue, and the Panel were satisfied that

the applicable standard could be achieved.

A traffic management assessment report was also recommended to ensure that the design as

proposed, particularly in relation to the existing ramp access within the carpark, was capable of

facilitating appropriate safe ingress and egress within the carpark, conflicts were minimised and the

issue of access in the car park was improved as a consequence of a greater number of cars servicing

and accessing the car park.

Privacy screens were also recommended in response to the concerns raised by the objector at the

Panel meeting.

VOTES: 4:0


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ASSESSMENT OFFICER’S COMMENTARY DESCRIPTION OF PROPOSAL

The application is for alterations and additions to an existing ALDI supermarket and carpark,

construction and use of a five storey residential flat building containing 57 residential apartments

above the existing carpark to create a mixed use development and stratum subdivision of two lots into

three at the above property.

The proposal is outlined in more detail as follows:

ALDI Supermarket

• Alterations and additions to the existing outdoor carparking area involving removal of existing

planter boxes on the northern side of the carpark to make provision for three new car spaces

and a lowering of the car park to RL 33.40 (a reduction of between 280mm and 1000mm).

• An increase in the size of the ALDI supermarket (Ground Level) by 185m2 including the

provision of new storage areas, chiller and freezer rooms. The change in the built form occurs

on the northern side of the building with an increased building footprint of 6.7m cantilevered out

over the existing car park.

RSL Car Park

• Alterations to the existing three level car park involving the construction of a new foyer and lift

for RSL patrons and a new separate residential entry foyer (Ground Level); augmentation of the

structural supports of the existing car park (Ground, Level 1 and Level 2).

• Modification to the ground level car park to include a waste storage room.

• An extension of the existing carpark to the north at Ground Level, Level 1 and Level 2 resulting

in an increased building footprint of 5m cantilevered over the ALDI carpark below.

• A reduction in the existing number of car parking spaces (150) currently shared by the RSL and

a 24 hour gymnasium (within the RSL premises) to 135 spaces.

Residential

• Construction of a five storey residential flat building above the eastern side of the existing

rooftop carpark comprising the following unit mix:

- 4 x studio units

- 27 x 1 bedroom units



• Construction of two new levels of car parking above the western end of the existing carpark

providing for 61 additional car parking spaces, two motorcycle spaces and six bicycle spaces.

• Landscaping works within and around the perimeter of the building, including communal open

space on Level 3 and a roof terrace on top of the residential building.


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Stratum Subdivision

• The existing two lots (1 and 2 in DP1153094) are proposed to be extinguished and a new three

lot stratum subdivision is proposed to accommodate each of the landuses on the site.

A site plan is provided below.

Site Plan – 14-16 Wandella Road, Miranda

SITE DESCRIPTION AND LOCALITY

The subject site is located on the corner of Wandella Road and Penprase Lane in central Miranda.

The site is a large irregular parcel of land comprising 3,780m2. It is currently developed by way of a

three storey building containing an ALDI supermarket and associated car parking which front

Wandella Road. To the rear and above the supermarket is a multi-deck carpark owned and operated

by the Miranda RSL. Vehicle and pedestrian access to the RSL carpark is obtained via Penprase

Lane. The Miranda RSL Club has its main pedestrian entry on Kingsway, with a rear address facing

Penprase Lane, adjacent the car park entry. A proportion of the RSL parking spaces (24) are utilised

by a gymnasium which operates out of the basement of the RSL (DA15/0089).


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Development surrounding the site comprises a mix of uses outlined as follows:

• To the north is a seven storey flat building known as 8-12 Wandella Road. It fronts Wandella

Road but has its central courtyard area facing the Council carpark and commercial development

to the north. There are south-facing units which are located close to the southern boundary

adjacent the ALDI carpark.

• To the east is an eight storey predominantly residential flat development but with ground and

podium level commercial uses facing Central Road (19-21 Central Road).

• To the south of the site is a mix of low rise commercial buildings fronting the Kingsway, which

have their ‘back of house’ facing Penprase Lane. The RSL and gym are one such use. Directly

opposite the site is a basement carpark and commercial podium with a residential flat building

above, known as 621-635 Kingsway. The pedestrian entrance to the units is obtained via

Kingsway with the units oriented to the north with views over the subject site.

• To the west of the site across Wandella Road are the grounds and school buildings of Port

Hacking High School.

A locality map and an aerial photo are provided below.

Locality map


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Aerial view of the site

BACKGROUND

A history of the development proposal is as follows:

• A pre-application discussion (PAD16/0027) was held on 5 April 2016 regarding the

development. A formal letter of response was issued by Council on 3 May 2016 (a copy of

which is included in Appendix “B”).

• On 12 May 2016 the applicant attended a Pre-DA ARAP meeting.

• The current application was submitted on 20 May 2016.

• The application was placed on exhibition, with the last date for public submissions being 15

June 2016. Seven submissions were received during the notification period.

• On 9 August 2016 Council advised the applicant by letter of the significant design deficiencies

with the proposal and the lack of consideration which had been given to the points raised by

Council at the Pre-DA and the Pre-ARAP meeting (outlined above).

• On 14 October 2016 Council officers advised the applicant by email of the outstanding traffic /

waste storage / collection related matters. Amended plans were required to be submitted.

• On 26 October 2016 Council officers met with the Applicant to discuss the applicant’s amended

proposal.

• On 27 October 2016 the applicant submitted a set of revised plans and information.

• On 28 November 2016 the applicant submitted further information regarding solar access and

cross ventilation for Council’s consideration.

• On 6 and 15 December Council officers met with the applicant and their wind consultants to

discuss further design amendments and to discuss the wind report.

• The requested amended plans and information were lodged on 21 December 2016.


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• The amended plans were re-notified from 4 to 18 January 2017. Three submissions were

received.

• The applicant submitted revised plans on 22 March 2017 addressing building height and

reducing the area of the rooftop communal terrace.

ADEQUACY OF APPLICANT’S SUBMISSION

In relation to the Statement of Environmental Effects, plans and other documentation submitted with

the application and after a request from Council, the applicant has provided adequate information to

enable an assessment of this application, including a written request to vary the building height

development standard under clause 4.6 of SSLEP 2015.

PUBLIC PARTICIPATION The application was advertised in accordance with the provisions of Chapter 41 of draft Sutherland

Shire Development Control Plan 2015 (DSSDCP 2015).

Council notified 172 adjoining or affected owners of the proposal and seven submissions were

received from the following properties:

Address Date of Letter/s Issues

54/19-21 Central Road 23/05/16 1,

621-635 Kingsway 13/06/16 2, 3, 4

43/19-21 Central Road 10/06/16 1, 3

637 Port Hacking Road

(Port Hacking High School)

15/06/16 1, 3

49/19-21 Central Road * 13/06/16 2, 3, 5, 6

40/19-21 Central Road 14/06/16 1, 3

21/621 Kingsway 02/06/16 6

*Owner has since advised they are moving and no longer object to the proposal.

MAJOR ISSUES The main issues identified are as follows:

• Road safety

• View Loss

• Traffic and Parking

• Garbage collection

• Overshadowing

• Privacy.


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Issue 1: Road Safety – Penprase Lane

Comment: The proposed vehicle entrance and new pedestrian entries for the development have been

assessed as acceptable from a traffic safety point of view.

Issue 2: View Loss

Comment: This issue is addressed in the Assessment Section below.

Issue 3: Traffic and Parking

Comment: Council’s Traffic engineers have assessed the proposal. The design changes made by the

applicant during the assessment process in terms of the vehicle and pedestrian entry points on

Penprase Lane are now acceptable. Conditions are recommended for frontage works to the pavement

and lighting on the southern elevation of the building, as well as internal manoeuvring requirements

within the carpark. These aspects are discussed further in the Assessment Section of the report.

Issue 4: Garbage Collection

Comment: Waste storage will occur on the ground level of the building behind the residential lobby.

The waste room is not sufficient in size and has been conditioned to be increased to ensure adequate

storage area. Collection of garbage will occur twice weekly by private contractors, with pick-up

occurring on Penprase Lane in a designated location. This is satisfactory to Council’s engineers as

outlined further in the Assessment Section below.

Issue 5: Overshadowing

Comment: DSSDCP 2015 does not specify any minimum requirements for solar access for

neighbouring residential properties. Nonetheless, shadow plans submitted by the applicant have been

assessed on the basis of the minimum requirement for solar access specified in the R4 Zone (High

Density Residential). The shadow diagrams indicate that there will be no unacceptable shadow

impacts for any of the surrounding residential units, with all of the units retaining a minimum two hours

of solar access to their principal living areas.

Issue 6: Privacy

Comment: Concern was raised by an objector located within the residential flat building to the south

(621-635 Kingsway). This issue is addressed in the Assessment Section below.

Revised Plans

The applicant lodged revised plans on 21 December 2016.

In accordance with the requirements of draft SSDCP2015 these plans were publicly exhibited in the

same way as the original application.


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As a result of the re-notification three submissions were received from the following properties:

Address Date of Letter/s Issues

Central Apartments 18/01/17 1, 2

32/8-12 Wandella Road 12/01/17 3, 4

79/8-12 Wandella Road 03/01/17 General objection

Issue 1: Dilapidation Report

Comment: A condition of consent requires the applicant to submit Dilapidation Reports for each of the

sites immediately surrounding the subject development (including the objector’s site).

Issue 2: Structural Report to support proposed development

Comment: A Structural Report prepared by Northrop Consulting Engineers was submitted with the

proposal. The report certifies that the existing structure is adequate and capable of carrying the

additional loads resulting from the proposed alterations and additions.

Issue 3: Loss of sunlight

Comment: The objector is concerned that the development will result in less sunlight into their

apartment. The subject unit is south-facing and as such no direct sunlight reaches the apartment.

Ambient light is achieved at present as a result of the setback of the ALDI supermarket and the

reflected light off the side of the northern wall of this building. The objector can also view the sky from

the balcony so there is access to natural day light even though no direct northern sunlight enters the

apartment or balcony.

The proposal involves increased building height and an increased footprint to the north, which will

have an impact on the outlook currently enjoyed by the objector. The portion of the building directly

opposite the objector’s apartment complies with the building setback and height controls applicable to

the site. The proposed residential apartment component of the development is non-compliant in its

northern setback and has been conditioned to comply.

Whilst there are no specific planning guidelines in the ADG or DSSDCP 2015 which govern loss of

light generally (as opposed to overshadowing and solar access), consideration has been given to the

objector’s concern regarding loss of outlook, and the overall loss of residential amenity.

Notwithstanding this, the commercial core location of the subject site and that of the objector means

that compromised amenity (particularly at the lower levels) may occur as sites are developed. The

expectation that an apartment will continue to enjoy unobstructed outlook from within an urban centre

and across urban centre zoned redevelopment sites is unreasonable.

Issue 4: Loss of airflow

Comment: The proposed development will not result in a loss of airflow to any of the adjacent

residential apartments as more than sufficient setbacks are provided.


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Submission Review Panel (SRP)

As a result of the submissions received and the issues raised, the Council’s SRP decided that the

application could be determined by way of the delegation of the Director Shire Planning.

STATUTORY CONSIDERATIONS

The subject land is located within Zone B3 Commercial Core pursuant to the provisions of Sutherland

Shire Local Environmental Plan 2015. The proposed development, being a residential flat building is a

permissible land use within the zone with development consent from Council.

The following Environmental Planning Instruments (EPIs), Draft EPIs, Development Control Plans

(DCPs), Codes or Policies are relevant to this application:

• Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

• Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment.

• Sutherland Shire Development Control Plan 2015 (SSDCP 2015).

• State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55).

• State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

(SEPP 65).

Section 94 and Section 94A

• 2005 Shire Wide Open Space & Recreation Facilities.

• 2003 Community Facilities Plan.

• Miranda Centre Contribution Plan.

COMPLIANCE

The statement of compliance below contains a summary of applicable development standards and

controls and a compliance checklist relative to these:

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Building Sustainability Index) 2004 (BASIX) aims to establish a

scheme to encourage sustainable residential development across New South Wales. BASIX

certificates accompany the development application addressing each building within the development.

The proposal achieves the minimum performance levels / targets associated with water, energy and

thermal efficiency.

State Environmental Planning Policy No. 55 – Remediation of Land

State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) requires a consent

authority to consider whether the land is contaminated and, if so, whether the land will be remediated

before the land is used for the intended purpose. The existing site is already developed for commercial

purposes. The proposed residential development will be sited on the existing rooftop carpark.


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A check of Council’s GIS system indicates no history of contamination. The subject site is therefore fit

for high density residential development, in conjunction with the existing commercial uses.

Greater Metropolitan Regional Plan No. 2 – Georges River Catchment

Greater Metropolitan Regional Environmental Plan No. 2 (GMREP2) includes a number of aims and

objectives for the environment and water quality within the catchment. The proposed new residential

development will drain into the stormwater system for the existing development. Appropriate

stormwater management will ensure there are minimal likely adverse impacts on existing coastal

processes. The implementation of the recommended conditions of consent will ensure the proposal is

consistent with the aims and objectives of GMREP2.

State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development – Design Quality Principles (SEPP 65) The proposal is affected by SEPP 65. Sutherland Shire Council engages its Architectural Review

Advisory Panel (ARAP) to guide the refinement of development to ensure design quality is achieved in

accordance with SEPP 65. A brief assessment of the proposal having regard to the design quality

principles of SEPP 65 is set out below, with the ARAP comments contained in the Specialist

Comments and External Referrals Section below.

Design Quality Principles Assessment

Principle 1: Context and

neighbourhood character

The site comprises a large parcel of land located within the

Miranda Commercial Core. It is just to the north of the Miranda

Westfield and to the east of the Port Hacking High School. On the

northern boundary of the site is a large residential flat building,

with mixed use commercial / residential buildings on the southern

and eastern side. The existing site contains an ALDI supermarket

and associated car parking as well as multi-level carpark for the

adjacent Miranda RSL Club. The proposed residential

development on top of the RSL parking is somewhat constrained

by the existing ALDI supermarket, but nonetheless is a form of

development which is anticipated within the B3 Zone. New

streetscape works within Penprase Lane will improve the context

of the laneway and assists to create a more pedestrian

environment in Penprase Lane consistent with DSSDCP 2015.


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Principle 2: Built Form and

Scale

The proposed built form is constrained by the existing stratum

arrangement on the site and the fact that the existing building is

being retained, with additional development located above. ARAP

commented that the proposal is a ‘less than optimum outcome’ for

the site, with the location of built form driven by commercial

imperatives.

Whilst the proposal has been revised during the course of

assessment, the location of the development on the site remains

the same. For the most part the siting of the new residential

component meets the required ADG setbacks in terms of the

neighbouring buildings, with the exception of part of the northern

and southern sides. Deferred commencement conditions are

recommended to address these non-compliances and to achieve

an improved built form outcome. The architectural expression of

the residential building itself is of a high quality, with the

residential facades well proportioned.

The visual bulk of the upper level car parking, given its corner

siting, requires additional architectural detailing. This also forms

part of the deferred commencement consent.

The proposal has been revised during the course of assessment

and a number of the key deficiencies with the application which

previously existed have been improved. Subject to deferred

commencement conditions, it is considered the proposal can

present a well expressed building on the site and one which

improves the underutilised building presently on the site.

Principle 3: Density The proposed density is less than the maximum set out in SSLEP

2015 (1.81:1 instead of 2:1). The proposed development is

constrained by the existing development on the site and the

separate stratum ownership, as well as the need to maintain

acceptable building separation from existing residential flat

buildings (to the north, south and east of the site). The deferred

commencement condition will result in a further reduction in GFA

for the development, but will ensure an improved built form

relationship and amenity outcome for a neighbouring

development. On this basis, the proposed floorspace will be

generally acceptably distributed across the site.


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Principle 4: Sustainability The development incorporates BASIX requirements and

sustainability measures into its overall design. Implementation of

conditions will ensure dwellings will receive adequate solar access

and cross ventilation so as to enhance water and energy

efficiency and to provide suitable amenity to the building’s future

occupants.

Principle 5: Landscape SSLEP 2015 does not require the provision of landscaped area

for the site, given its location within the Miranda Commercial Core.

Notwithstanding this DSSDCP 2015 (Chapter 21) sets out a

Landscape Strategy which identifies Penprase Lane for future

upgrades in conjunction with activating the streetscape within the

laneway. There is not sufficient pavement width to plant street

trees, but a pavement upgrade will be required to improve the

quality of the streetscape in front of the subject site.

The existing building on the site is largely built to the boundaries

and as such there is little opportunity for landscaping or tree

planting unless at the upper levels. The applicant has proposed

landscaping for the communal open spaces areas and green walls

around much of the existing lower level car parking facades of the

building, as well as the new two level upper carpark areas.

Introduction of the landscaping around the perimeter and within

the site is encouraged as it will assist to soften the development

and assist to moderate the temperature of the open level car park

and nearby west facing units. Conditions are recommended to

ensure the landscaping species are appropriate for the site and

can be maintained in perpetuity.

Principle 6: Amenity The proposal has the potential to adequately satisfy the provisions

of the ADG with respect to residential amenity in terms of building

and floor plan layout, solar access, natural ventilation and

visual/acoustic privacy, subject to implementation of conditions.

The proposal falls short on cross-ventilated apartments and this

forms part of the deferred commencement consent to ensure

compliance. but has been conditioned to comply. The revised

scheme represents improved circulation areas from that originally

submitted and a roof terrace is now proposed in conjunction with

the Level 3 communal open space area, which affords an

improved amenity for future occupants of the development.


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Principle 7: Safety The revised scheme results in an improved vehicle and pedestrian

entry on Penprase Lane, with a new residential foyer, separate

RSL patrons’ parking foyer, lighting of the building façade and a

new pedestrian pavement for the full frontage of the site. The

proposed upper level residential use will result in increased

surveillance of Penprase Lane and ground level activity. To the

north of the site, the upper level balconies will provide additional

surveillance of the ALDI carpark.

Principle 8: Housing Diversity

and Social Interaction

The proposal provides a mix of apartment types (studios, 1, 2 & 3

bedrooms), encouraging diversity in the future occupation of the

development in terms of social mix. Adaptable and liveable

housing options are also proposed. The development includes

facilities to encourage social interaction including the Level 3

(podium communal area) and the landscaped roof terrace.

Principle 9: Aesthetics The residential building facades are well proportioned and present

an appropriate composition of building elements, textures,

materials and colours. The facades of the residential carpark

component lack architectural merit for such a prominent element

of the development and as such are conditioned as part of the

deferred commencement consent.

Apartment Design Guide (ADG)

The proposal is affected by the ADG. The following table contains an assessment of the proposal

against key controls of the ADG. Refer to the Assessment section of this report for further details with

respect to performance of the proposal against the ADG.

Apartment Design Guide (ADG) – Key Controls Guide Required Proposed Complies Building separation (2F)

Up to 12m: 6m non habitable 12m habitable 12 – 25m: 9m between non- habitable rooms 12m between habitable and non-habitable rooms 18m between habitable rooms and balconies

N/A – residential commences at 12.9m above ground level North – 6m non-habitable to habitable & 9m habitable to non-habitable South – 16.8m – 20.4m habitable to habitable

N/A No – see comment below


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East - 18m – 20.1m habitable to habitable room West – 40m to boundary 4 – 10.2m (level 5) to southern boundary

Visual Privacy (3F) Up to 12m: 6m habitable rooms / balconies & 3m habitable rooms 12 – 25m 6m habitable rooms / balconies & 3m habitable rooms

N/A North – 6m non-habitable to habitable & 9m habitable to non-habitable South – 16.8m non-habitable to habitable & 20.4m habitable to habitable East - 18m – 20.1m habitable to habitable room West – 40m to boundary 4 – 10.2m (level 5) to southern boundary

N/A No – see comment below

Natural ventilation 60% of apartments to be naturally cross ventilated (34). Max. Depth 18m

31/57 (54%) (3 units not complying)

No – see comment below

Solar access Living rooms and private open space, 2 hours direct sunlight in mid winter to 70% of units. Maximum 15% of units receive no sunlight to habitable rooms

40/57 (70%) 8/57 units (14%) receive no solar access

Yes Yes

Single aspect apartment depth

8m All units comply except for Units 303, 403, 503, 603 and 703 which are 9.4m

No – conditioned to comply


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Apartment size Studio: 35m2

1br: 50m2

2br: 70m2 (or 75m2 when second bathroom) 3br: 90m2

35m2

1br: 57 - 65m2

2br: 82 - 102m2

3br: 118 - 131m2

Yes Yes Yes Yes

Ceiling heights 2.7m (3.1m floor to floor) 2.7m habitable and 2.4m non-habitable but only 3m floor to floor. Condition imposed to require minimum 2.7m ceilings

Yes subject to condition

Private open space: - Studio - 1 br apartment - 2 br apartment - 3 br apartment - Ground level

apartments (or on a podium)

Primary balconies: 4m2 no min depth 8m2, min. 2m depth 10m2, min. 2m depth 12m2, min 2.4m depth 15m2 with min 3m depth

8m2 12m2 – 14m2

10m2 – 26m2

29m2 – 50m2

20m2 – 61m2

Yes Yes Yes Yes Yes

Communal open space – size

25% of site area (940m2) 14% (539m2) No – see below

Communal space - solar access

50% of principal area of communal open space area to receive 2hrs of direct sunlight in mid winter

Roof terrace will receive all day sunlight in mid winter. At least 50% of Level 3 communal space (located on the eastern side of the building) will receive 2 hours of morning solar access.

Yes – see below

Residential storage 6m3 per 1br apartment 8m3 per 2br apartment 10m3 per 3br apartment (398m3 required)

At least 50% of storage to be located within the apartments (199m3)

Level 3 parking makes provision for 312m3 of storage but only for 27/57 units. No storage proposed on Level 4 carpark. Storage in units appears to be less than the required 50% but sufficient room to be provided. Condition of consent recommended ensuring units comply.

No - to be conditioned re provision and allocation No – see below


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Local Controls – SSLEP 2015 and DSSDCP 2015

The compliance table below contains a summary of applicable development controls:

Standard/Control Required Proposed Complies? (% variation)

Sutherland Shire Local Environmental Plan 2015 Building Height 25m 26.2m No (4.8%) – see

Cl. 4.6 below FSR 2:1 (7,560m2) 1.81:1 (6,838m2) Yes Landscaped Area N/A N/A N/A Sutherland Shire Development Control Plan 2015 Adaptable apartments

20% (11.4 apartments) 13 Yes

Liveable Apartments 10% (5.7 apartments) 5 Yes Streetscape and Building Form

Built form articulated to avoid large expanses of broken wall and reduce visual bulk

Built form for the residential component is of a high quality. Concern is raised regarding the carpark level which is discussed further below.

Yes / No – see below

Development must be sited and designed to address the street / have a clearly identifiable entry

Revised plans demonstrate clear street entrance for apartments and separate entrance for the RSL club parking patrons

Yes

Where 2 street frontages for the site vehicle access must be from the lower order road

Vehicle entry on Penprase Lane

Yes

Highly reflective roof or wall materials are not acceptable

Majority of roof covered by terrace and planting but condition to be included requiring non-reflective roof for remaining area.

Yes

Basement car parks above ground level must ensure podiums and vehicle entries do not dominate the building or streetscape and are integrated into the architectural design of the building

Above ground parking proposed

No – see comments below

Development to contribute to the pedestrian environment, through signage, lighting, planting, awning cover, seating

Proposal involves pavement upgrade and lighting to improve Penprase Lane environment

Yes


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Blank end walls must have a high quality finish that contributes positively to the appearance of the centre

No blank end walls proposed but carpark façade at Levels 3 and 4 needs improvement in terms of external finishes


Street setbacks

First 2 storeys of development to have nil boundary setback with 8-10m wall height and active street frontage

Existing building has nil boundary setback with ALDI store in Wandella Road but no active street frontage in Penprase Lane.

Yes - see comment below

Greater than 2 storey development shall be setback 4m for the upper storeys

Existing building height 6.5m to top of parapet in Penprase Lane. New residential building and parking above has part nil setback and part 1.5m. Wandella Road frontage is 8-10m high to the parapet with proposed parking levels setback between 4.5 – 6.2m from the parapet.


Landscape Min 1 canopy tree per 15m of the frontage Planting on podiums, roof tops or within planter boxes designed to min. 600mm depth of soil Trees on roofs or planter boxes must have an area of 3m x 3m Appropriate paving must be provided to driveways, walkways and entries.

Penprase Lane is too narrow for street trees Podium planting proposed on Level 3 and Level 4 as well as roof terrace. Planters will be conditioned to comply Proposal will be conditioned to comply Streetscape works are proposed to Penprase Lane. A revised landscape plan will be required to be submitted for consideration of the treatment of the communal roof terrace and Level 3 open space areas

N/A Yes Yes Yes

Active Frontages Semi-active frontage required for Penprase Lane in accordance with Miranda Centre Active Frontage

New residential lobby area and improved RSL parking entry lobby will result in positive activation of the Penprase Lane frontage

Yes


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Active frontages must occur at footpath level and should exclude vehicle entrances and service areas Continuous awnings to be provided Shopfronts to be glazed to ensure visual interest, light and surveillance to the street

Existing frontage contains RSL carpark entry. The proposed entry changes are a positive streetscape outcome The existing awning in Penprase Lane will be replaced with new awning New residential lobby and RSL entry lift to parking will be glazed, thereby improving the street presence and natural surveillance of the laneway

Yes Yes Yes

Side and rear setbacks

Nil setback to side and rear boundaries unless a merit based approach is required to protect amenity for adjoining residential buildings or for built form transition with the existing streetscape Nil boundary setback for active ground level uses Building separation for residential uses to comply with SEPP 65 and the ADG.

Merit based approach has been taken with proposed development. Existing setback maintained ADG compliance achieved subject to deferred commencement conditions

See note below Yes Yes

Building and site layout

New development to incorporate passive solar building design Loading and unloading and manoeuvring of vehicles to occur within the site. Vehicles to enter / exit from a rear laneway where possible in a forward direction. On-street loading to be avoided and freely accessible at all times

BASIX Certificate has been provided with the proposal Loading / unloading will be undertaken in a designated location on Penprase Lane. Vehicle ingress / egress will occur in a similar location to the existing driveway. On-street loading required due to existing building constraints

Yes No – see comment below Yes No – see below


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Non-residential and residential landuses in the same development to be sited and designed to ensure residential amenity for future occupants

Residential use will occur at upper levels, separate from RSL / gym parking. ALDI maintains separate loading and pedestrian and vehicle entries.

Yes

Shop Top Housing and Residential Flat Buildings

Residential flat buildings must comply with the design quality principles of SEPP 65. Facades of upper storey residential accommodation with no windows or openings may have a nil boundary side setback. Facades of upper storey residential with windows or balconies must achieve the following setbacks: Up to 12m in height = 4.5m – 6m 12m – 25m in height = 6.5m / 9m Variations to side setbacks controls will be assessed on their merits Residential development to be sited / designed to maximise direct sunlight to north-facing living areas and all private open space areas Variety of dwelling types between 1, 2 and 3 bedroom units must be provided Living rooms and private open spaces for 70% of units to receive 2 hours sunlight between 9-3 in mid-winter

See ADG Table above Small part of eastern façade has no windows and nil setback Variation in setbacks sought to the south – nil to 1.55m setback proposed for entire facade Units are oriented east-west with no north-facing units A mix of unit sizes proposed 40/57 Units or 70%

See comments below Yes No – see comment below No – see comment below Yes Yes


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New residential flat building without an active street frontage must be setback 4m from the street Dwelling entries to be distinguished from retail / commercial entries Balcony sizes to be provided as follows: Studio – 4m2

1 bedroom – 8m2

2 bedroom – 10m2

3 bedroom – 12m2

Ground level or podium level – 15m2

Balcony design to be integrated into the form and detail of the building Balustrades to respond to the location, designed to allow views and surveillance whilst maintaining visual privacy for occupants of the unit Clothes drying facilities to be provided where not visible from a public place 6m3 per 1br apartment 8m3 per 2br apartment 10m3 per 3br apartment (398m3 required) Min 50% of storage to be provided in units

Existing building has 1.5m setback in Penprase Lane with concrete awning overhang to the boundary. Proposed new residential lobby maintains 1.5m setback with new planter box in front. Separate residential entry / foyer proposed with RSL lift for parking provided on opposite side of vehicle entry point. ALDI entrance on Wandella Road 8m2 12m2 – 14m2

10m2 – 26m2

29m2 – 50m2

20m2 – 61m2

Balcony design is integrated with the building Balconies proposed to be clear glass with stainless steel balustrade. This will allow good surveillance. Natural wood privacy screens on some balconies will provide privacy for future occupants Conditioned to be provided in Level 3 communal area Insufficient storage provided. See ADG Table above. To be conditioned

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Can comply


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Communal open space to be minimum 25% of the site Communal rainwater tank and pump to be located in common open space

14% communal open space split between two areas (Level 3 and roof terrace) Conditioned for Level 3 communal area

No – see below Yes

Adaptable and Liveable Housing

20% adaptable 10% liveable

Proposal complies - see above

Yes

Visual and Acoustic Privacy

New development to ensure adequate visual privacy between buildings and adjacent private open space Noise generating equipment must be designed to protect acoustic privacy of residents

Privacy for adjacent residential buildings acceptable given building separation and orientation but privacy conditions still imposed for privacy internally within the development Standard conditions to be imposed on the consent

Yes / no – see comment below Yes

Safety & Security Design must demonstrate compliance with CPTED Guidelines

Comments from the NSW Police outlined in the Specialist Comments and External Referrals Section below. Conditions will be imposed in the consent

Yes

Car parking Residential Minimum 1 space and maximum 2 space per unit No visitor parking required Total required 57 - 114 RSL Parking survey based (150 existing / approved) Gym Parking Allocated 24 out of the 150 RSL spaces ALDI Parking 1 space per 30m2 retail (1671m2 existing plus 185m2 proposed = 62

61 spaces None provided Total 61 provided 111 spaces proposed 24 spaces retained (allocation to be conditioned) 90 proposed (maximum 85 spaces to be conditioned)

Yes Yes Yes No – see Engineering comment below Yes Yes – see note below


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Waste Management Waste storage area to be provided for general waste (G) and recyclables (R) For 20 or more units waste storage requirements are: 1 bedroom – 80L G/R 2 bedroom – 100L G & 120L R 3 bedroom – 120L G/R

Garbage storage area provided within the ground level car park. Insufficient storage area – condition to be enlarged

No – see Engineering comment below

SPECIALIST COMMENTS AND EXTERNAL REFERRALS

The application was referred to the following internal and external specialists for assessment and the

following comments were received.

NSW Police Force In accordance with the Crime Risk Assessment – Police & SSC Protocol 2010 the application was

referred to the NSW Police Force. The NSW Police raised the following matters for consideration:

1. Lighting – to the entry and exit points of the building, pathways through the site, car park access

/ exit driveway. Lighting to be projected away from residential apartments and directed towards

pathways and public areas;

2. Landscaping – ensure this does not conceal intruders;

3. Installation of security shutters at the entry to the car park and CCTV;

4. Ensure the design of the building shows clear transitions between public and private space and

that there is a clear responsibility for who maintains the space (in terms of its use and

maintenance);

5. Utilise materials for construction which are less porous to minimise graffiti vandals and ‘tags’.

Run-down areas negatively impact upon perceptions of fear and may affect community

confidence to use the public space in front of the building;

6. Ensure way-finding for the development is clear in terms of directional signage to entrances;

7. Letter boxes should be located inside the development.

Architectural Review Advisory Panel (ARAP)

The application was referred to ARAP who provided the following comments:

This is a difficult site, mainly due to the constraints resulting from the differing existing

ownerships in stratum. While the proposal is architecturally skilled in its expression, the Panel

has misgivings about the resulting outcome in urban design terms - a large building, in the

wrong location, grafted on top of a poor existing street environment. With a clean slate, there

would be an opportunity to improve both streetscapes and provide housing with better amenity.

The applicant should provide substantiation that all avenues have been explored in this regard,


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as well as in testing the possibilities of building over the existing supermarket on the west of the

site. As noted at Pre-DA, for any proposal to be supportable it needs to convincingly

demonstrate:

• that it achieves unambiguously good amenity standards, both for the development itself

and in its effect on neighbouring buildings. As currently submitted, this cannot be said to

be the case, and is unlikely to be possible without a reduction in GFA.

• that Penprase Lane could be appropriately upgraded to a street worthy of providing a

residential address for the building, at the same time resolving safety and legibility

concerns. The Panel believes that it would be advisable to engage an experienced public

domain design professional to consult on this. If it could be demonstrated that an upgrade

of the Lane could achieve this outcome, it would enrich and add to the quality of the

street network in the area.

In reviewing this DA submission the Panel concurs with the above summary recommendations.

Whilst there have been incremental improvements in some areas, it is yet to be convinced that

the proposal meets acceptable design quality standards in the areas of urban design and

residential amenity. The decision to avoid building above the supermarket for structural reasons

remains unconvincing. The proposal prioritises maximising yield for the residential component,

and this has resulted in a cramped development with a number of ADG non-compliances and

poor urban design outcomes. If the proponent is to persist with retention of the existing

buildings, the Panel recommends that the following matters as a minimum are resolved:

• an improved outcome for all adjacent developments is achieved through

increased/compliant building separation, screening and significant landscape. This is

likely to require a reduction in development yield. Alternatively car-parking could be

located below ground to reduce bulk.

• Penprase Lane is to be designed by an experienced urban landscape consultant as a

shared space with appropriate uses, and is upgraded by the proponent to Council

requirements (lighting, paving, landscape, furniture). The building facades are to be more

integrated and engaged with the street – presently the scheme presents as a

disengaged, heavy building atop a car-park.

• The residential lobbies on all levels are to be enlarged and more visually engaged with

the street and the public domain, preferably by relocation of the fire-stair and lift.

• Unit plans are adjusted so that bedrooms can remain private to balconies and main living

areas when their windows and blinds/curtains open.

• The landscape proposal for very large planted green screens to cover the existing

buildings is technically unconvincing, and more work is required. A less “plant-dependent”

design strategy should also be considered.


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Environmental Health

The application was referred to Council’s Environmental Health Unit who raised no objections subject

to the imposition of standard conditions.

Building Surveyor

The application has been assessed for compliance against the National Construction Code Series

(NCCS). A condition will be imposed on the consent requiring that the reports submitted with the

application (Building Code of Australia Assessment Report prepared by Blackett Maguire + Goldsmith

18th May 2016, and the Accessibility Design Review prepared by ABE Consulting job number 6104,

19th May 2016), be complied with and be submitted with the Construction Certificate.

Engineering (Assessment Team)

The application was referred to Council’s Assessment Team Engineer who provided the following

comments:

Assets

The proposed change in use of the building from purely commercial to the inclusion of a residential

component necessitated a review of the suitability of Penprase Lane for increased pedestrian use.

This review resulted in recommendations requiring the provision of new public domain works and

upgraded works as follows:

1. Lighting – required to be provided on the Penprase Lane side of the building (as proposed by

the applicant) as well as standard street lighting (new poles);

2. Upgrade of the footpath for the entire frontage of the site (involving removal of existing

pavement and replacement with suitable pavement as outlined in Council’s Public Domain

Design Manual;

Construction and Site Management

The Site Management Plan submitted with the application proposes a tower crane in two separate

locations around the site. Ideally the crane and the boom should be located within and over the

subject site to remove the requirement for temporary easements. Additional area could be provided in

Penprase Lane but this would require a Roads Act Consent. Conditions in this regard have been

included in the consent.

Vehicle Access

A revised vehicle entry on Penprase Lane was designed as part of the assessment process of the

application. The vehicle accessway now complies with the relevant Australian Standards. In terms of

the design of the internal RSL carpark Council’s engineers will require some modifications. The

introduction of significantly more vehicles through the existing carpark will create an unacceptable

area of conflict at the bottom and top of the ramps. Conditions are recommended to remove parking

spaces (approximately seven) in and around these areas, designate small car spaces and create

additional splays to improve manoeuvring area.


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Parking

The existing uses on the site at present each have allocated car parking as a result of existing

development consents. The proposed residential development introduces a third landuse and

requirement for car parking. Council’s engineer requires the following provision of parking for each of

the landuses:

ALDI – DA09/0223 granted consent for 87 car spaces (in excess of the required 58 spaces). Three

additional spaces proposed to be achieved by removing existing planter beds on the northern

boundary of the site. The additional spaces are in excess of what is required under DSSDCP 2015

and the existing planters are required to minimise amenity effects for the adjoining neighbours and as

such no additional parking for ALDI is supported.

Miranda RSL Parking

• DA99/3231 for the refurbishment of Miranda RSL Club consented to the creation of 150 parking

bays. The assessment report for this application bases car parking on floor space calculations

rather than patron numbers.

• DA05/1491 sought to increase the capacity of the RSL club to 1000 patrons, with no change to

the maximum car parking provision of 150 spaces.

• DA15/0089 sought approval for the provision of a gym within the RSL club. Consent granted

enabled allocation of 24 parking spaces bays of the approved 150 RSL spaces.

As a result of the modifications to the existing carpark to facilitate the residential development, the

applicant proposed a reduction in parking provision for the RSL of 15 spaces (resulting in a new total

of 135 spaces – including 24 for the gymnasium).

Residential Units

DSSDCP 2015 specifies a minimum of one space per unit and a maximum of two spaces per unit with

no requirement for visitor parking. The required provision is therefore min. 57 and max.114 spaces.

The applicant proposes 61 spaces (30 on Level 3 and 31 on Level 4). Council’s engineer considers

that additional parking should be provided on the basis of there being no available on-street parking to

accommodate overflow parking. It is suggested that one space per studio / 1 bedroom unit and two

spaces per 2 / 3 bedroom unit be required. This results in a requirement for 83 residential parking

spaces (22 in excess of that currently proposed).

The additional 22 car spaces can be readily accommodated on Level 2 where the applicant had

proposed tandem car spaces for use by the RSL. The Traffic and Parking Impact Assessment

submitted by McClarens in support of the proposal stated that the RSL Club carpark is underutilised. It

further states that the RSL can hold a maximum of 600 patrons but that ‘it is very rare for this to occur’.


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The reduced parking provision for the RSL is therefore consistent with the current use needs of the

club, with the benefit being increased parking for the new residential development.

The total parking provision for the site will therefore be as follows:

ALDI – 85 spaces

RSL – 105 (including 24 spaces for the gym)

Residential – 83 spaces

Stormwater Management

The BASIX Certificate submitted with the proposal specified a 2m3 rainwater tank to harvest rainwater

from the roof for irrigation purposes. No tank has been shown on the plans and has therefore been

conditioned. A stormwater drainage design plan has not been submitted with the application but will be

required to be submitted showing a connection to the existing drainage system and has been

conditioned accordingly.

Pedestrian Access

The existing pavement in Penprase Lane is uneven and reconstruction of this is required as a

condition of consent.

Waste

The existing vehicle entry point to the RSL carpark and the limited headroom of the carpark restricts

the option for on-site waste collection which DSSDCP 2015 would normally require. The alternative in

this instance is a new waste room located on the ground level to the rear of the new enclosed

residential lobby. The area provided is of insufficient area to accommodate the estimated waste for the

new residential development and is therefore conditioned to be enlarged. The proposed garbage

shoot is also sited in a location which will impact on vehicle manoeuvring at the top of the vehicle

access ramps and is conditioned to be relocated. Waste collection will occur twice weekly by private

contractor on-street in a designated space on the northern side of Penprase Lane. This will require

new signage to demarcate the area.

Architect

The application was referred to Council’s Architect who still has a number of concerns with the

proposal. The comments are included below:

The placement of the building remains unchanged during the numerous plan revisions. All of the

building bulk is pushed to the rear (eastern) side of the site away from the street. This creates

an undesirable relationship with existing neighbouring buildings to the east and north,

compromising the amenity of the proposed building and its immediate neighbours.


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Though the residential component of the proposal is a competently designed building with a

refined modern aesthetic it remains a large building located inappropriately on its site.

The car park located above the existing supermarket will be a most prominent aspect of this

proposal. Its aesthetic success is dependent upon the success of the proposed green screens.

If the planting fails the majority of the building will read as a two storey high car park sitting on

top of a supermarket, encased in a fence.

Floor to floor height within the residential building should be increased to 3.1m in accordance

with the ADG.

25 units (44%) are considered cross ventilated. The applicant claims a further 17 units are

single sided units that are naturally ventilated. A report has been provided by the applicant to

justify / demonstrate that the proposed single sided units are naturally ventilated.

Landscape Architect

The application was referred to Council’s Landscape Architect who provided the following comments:

Communal Open Space

Additional Communal Open Space (COS) has been provided to the rooftop. The spatial composition of

the roof top COS should however read as a series of spaces as opposed to a passage, to allow for

more than one user group at a time. This can be achieved by decreasing the extent of planter bed to

the south by 2m and the east by 1m. Conditions are recommended in this regard.

Streetscape Presentation

The applicant is proposing to retain the planting / climbers to the southern and western façade of the

car park, despite having been advised to consider architectural treatment or art work on these facades

as an alternative. Whilst the applicant submitted a Vegetation Plan of Management to demonstrate

how the green walls could work and be maintained, concern is still raised as to the viability of this as

an option. As previously stated by ARAP, the temperamental nature of vegetation, reliance on

maintenance and insufficient sized planters to support the expanse of vegetation shown on the

submitted montages, an alternative facade treatment of a more permanent nature is sought. Artwork

or detailed architectural panelling would liven up the lane and make it more presentable to the public.

Species Selection

The plant species proposed to screen the walls is unsuitable and should be replaced with a more

hardy / prolific climber / creeper. The tree species Ficus rubignosa (Port Jackson Fig) proposed to the

rooftop car park is unsuitable as these grow in rainforest margins and on sheltered rocky outcrops.

Any tree and shrub species proposed within the rooftop car park must be a hardy species capable of

tolerating full sun and harsh winds. Species from exposed heath communities such as Banksias and

Leptospermums would be more suitable in this kind of environment.


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ALDI Ground Level Carpark

A reduction in the ground level planter beds in the ALDI carpark is proposed to enable the provision of

three additional car spaces. This is not supported on the basis of the unacceptable impact for the

existing residential flat building which overlooks this car park. Conditions are recommended to ensure

the planters are retained.

ASSESSMENT

A detailed assessment of the application has been carried out having regard to the Heads of

Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979. The

following matters are considered important to this application.

Height of Buildings

The proposed development fails to comply with the development standard for height. Clause 4.3(2) of

SSLEP 2015 stipulates a maximum height of 25m for this site.

Height of building is defined in SSLEP 2015 as follows:

building height (or height of building) means:

(a) in relation to the height of a building in metres—the vertical distance from ground level

(existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum

to the highest point of the building, including plant and lift overruns, but excluding

communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and

the like.

The maximum building height on the site is 26.2m which fails to comply with the 25m development

standard and represents a 4.8% variation to Cl. 4.3(2).

The elements of the proposed building which exceed the control are the northern end of Level 7 and

part of the roof terrace, as well as the lift to the roof terrace at the south-eastern corner.

This is illustrated in the height plane diagram below.


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Subject to Clause 4.6(3) development consent may be granted for development that contravenes a

development standard but only on the basis of a written request from the applicant seeking to justify

the contravention. The written request must demonstrate the following:

(a) that compliance with the development standard is unreasonable or unnecessary in the

circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development

standard.

In terms of Clause 4.6(4) consent must not be granted for development that contravenes the standard

unless the written request has adequately addressed the matters in subclause (3). Sub-clause (4) also

requires that Council must be satisfied that the proposal is in the public interest because it is

consistent with the objectives of the development standard and the objectives for development within

the B3 Zone.

The applicant has lodged a written request in accordance with the requirements of clause 4.6 of

SSLEP 2015.


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A full copy of this request is on the file and the most relevant section is reproduced below:

“The exceedance of the height of buildings development standard is caused by the change in

the topography of the site and the provision of a roof top garden on the roof of the building.

At the highest point of the proposed development, it will be no more than 1.25metres above the

25m height control. The area of this exceedance is limited to the lift overrun at the northern end

of the building, which is required to service the roof top garden.

In general the height exceedance is a response to the slope of the land, which falls towards the

north-east due to previous excavation for the ALDI undercroft car park. It is also a response to

the site constraints and careful siting and design of the proposed development which sites the

five-storey residential flat building component over the eastern portion of the site (where the

existing ground level is lowest) to reduce impacts on surrounding development./

The proposal provides an appropriate transition in height between the high-density built forms

located along the Kingsway and the medium to high density developments situated further north

of the site. In particular, the proposed eight storey development is commensurate in scale with

the adjoining seven and eight storey developments to the north and east. Consequently the

proposal is scaled appropriately to achieve a harmonious integration with the surrounding built

environment. /

A height control of 25 metres and a FSR control of 2:1 is established for the site. However, a

FSR of only 1.8:1 is achieved on the site. Were Council to insist on strict compliance with the

height control, the achievable density on the site would be reduced even further, which would

limit the ability to provide an appropriately scaled residential development within the Miranda

Town Centre in close proximity to existing transport and services.”

The objectives of the height of buildings development standard set out in clause 4.3(1) of SSLEP 2015

are as follows:

(a) to ensure that the scale of buildings:

(i) is compatible with adjoining development, and

(ii) is consistent with the desired scale and character of the street and locality in which the

buildings are located or the desired future scale and character, and

(iii) complements any natural landscape setting of the buildings,

(b) to allow reasonable daylight access to all buildings and the public domain,

(c) to minimise the impacts of new buildings on adjoining or nearby properties from loss of views,

loss of privacy, overshadowing or visual intrusion,

(d) to ensure that the visual impact of buildings is minimised when viewed from adjoining

properties, the street, waterways and public reserves,


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(e) to ensure, where possible, that the height of non-residential buildings in residential zones is

compatible with the scale of residential buildings in those zones,

(f) to achieve transitions in building scale from higher intensity employment and retail centres to

surrounding residential areas.

The subject proposal is largely consistent with the desired future character of the Miranda Commercial

Core, reflecting a residential flat development above podium level commercial uses. Surrounding

residential development comprises buildings of seven and eight storeys commensurate with the height

(or higher than) that of the proposed building. The building maintains appropriate separation distance

from the surrounding developments, with the exception of parts of the buildings to the north and south,

which is discussed further below.

The proposed FSR for the development is less than the maximum permitted as a result of the site

constraints and the need to ensure the residential amenity for existing neighbours and future

occupants of the building is maintained. The height breach occurs largely at the northern end of the

site where the site reaches its lowest point on a downward slope from Penprase Lane. The

exceedance in itself has little impact on the overall perception of built form on the site, except in the

context of the relationship with the building to the north. As discussed earlier, the ADG non-

compliance in terms of building separation which occurs to the north, is unacceptable in its current

form and potentially exacerbated by the additional height encroachment.

As it is proposed to condition an increased setback to the north (deferred commencement), the impact

of the increased height is reduced. In terms of other amenity impacts such as solar access, or visual

intrusion, no adverse impact as a result of the height breach is anticipated. The roof terrace area is

well setback from the sides of the roof, with views from this area projected outwards rather than

downwards. Residential buildings to the south and east receive more than the minimum solar access

requirements and adequate building separation is provided to ensure no visual intrusion.

The subject proposal results in minimal change to the streetscape level experience in Wandella Road

(eastern side), but results in an improved streetscape and pedestrian environment in Penprase Lane,

where the ground level improvements are proposed. Views of the development from Wandella Road

are of a reduced scale because the residential building component is setback behind the carparking

levels. Further discussion is included below regarding the treatment of the facades of the carpark

levels to improve the visual appearance.

Overall, the proposal satisfactorily addresses the objectives of the building height development

standard.


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The proposed development is located within zone B3 Commercial Core. The objectives of this zone

are as follows:

• To provide a wide range of retail, business, office, entertainment, community and other suitable

land uses that serve the needs of the local and wider community.

• To encourage appropriate employment opportunities in accessible locations.

• To maximise public transport patronage and encourage walking and cycling.

• To strengthen the viability of existing commercial centres through increased economic activity,

employment and resident population.

• To create an attractive, vibrant and safe public domain with a high standard of urban design and

public amenity.

• To enhance commercial centres by encouraging incidental public domain areas that have a

community focus and facilitate interaction, outdoor eating or landscaping.

• To provide for pedestrian-friendly and safe shopping designed to cater for the needs of all ages

and abilities.

The subject site is presently underutilised. It has a central location within the Miranda Commercial

Core. The residential component of the development will serve to strengthen the viability of the

existing commercial area and add to its vibrancy with an injection of new resident population central to

all of the existing services and transport links.

The proposal will result in an improved ground level streetscape in Penprase Lane with both the new

pedestrian entry foyer and the separate RSL parking foyer. New pavement treatment and lighting on

the building will also serve to improve the laneway environment in terms of safety, urban design and

the public domain.

The surrounding uses in Penprase Lane, Central Road and Wandella Road comprise upper level

residential apartments, which the subject proposal will contribute to in terms of increased housing

stock and choice. Overall, the proposal demonstrates consistency with the objectives of the B3 Zone.

The applicant’s written submission demonstrates that compliance with the height development

standard is unreasonable or unnecessary in the circumstances of the case. It also demonstrates

sufficient environmental planning grounds to justify varying this development standard.

Subject to the design changes proposed as part of this report, the proposed development is in the

public interest as the proposal complies with the objectives for both the building height development

standard and the B3 Commercial Core zone.


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The proposed variation does not raise any matters of State or regional environmental planning

significance. The building height development standard has local relevance only. In addition there is

no public benefit to maintain the height development standard in the circumstances of this case. As

demonstrated above, the elements causing the height encroachment are largely setback from the

edges of the roof and the side elevations so in terms of visual impact from the public domain, no

adverse effect is likely. The additional height results in no adverse view loss for the public, or

overshadowing of the public way and privacy from the roof terrace is minimised by its location setback

from the edge of the roof. The proposed roof terraces provide a substantial benefit for future residents

and having regard to the circumstances of the case, the height encroachment is reasonable in this

instance.

In conclusion the variation to the height development standard satisfies all relevant parts of clause 4.6

and therefore the variation can be supported.

Earthworks

The proposal includes earthworks and as a result clause 6.2 of SSLEP 2015 requires certain matters

to be considered in deciding whether to grant consent. The only area of the site involving earthworks

is the ALDI carpark on the northern side of the site. This existing hardstand area will be lowered and

the planters re-instated to provide an improved carpark area.

Clause 6.2 requires the consideration of impacts on drainage; future development; quality and source

of fill; effect on adjoining properties; destination of excavated material; likely disturbance of relics;

impacts on waterways; catchments and sensitive areas and measures to mitigate impacts. The

relevant matters have been considered and the application is acceptable, subject to conditions

regarding drainage and increased amenity planting.


Clause 6.4 requires Council to be satisfied of certain matters in relation to stormwater management

prior to development consent being granted. These matters include maximising permeable surfaces;

on-site stormwater retention minimising the impacts on stormwater runoff. These matters have been

addressed to Council’s satisfaction subject to conditions of consent.

Energy Efficiency and sustainable building techniques

Clause 6.15 of SSLEP 2015 contains matters for consideration relating to ecologically sustainable

development and energy efficiency and sustainable building techniques. The relevant matters have

been considered as a part of the assessment of the application. The proposal represents continued

use of and new additions to the existing building, rather than demolishing the building and starting

again. This is a sustainable building approach and the proposal is considered to be acceptable.


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Urban Design (Residential Buildings)

Clauses 6.16 and 6.17 of SSLEP 2015 contain certain matters of consideration relating to urban

design. The relevant matters have been considered as a part of the assessment of the application and

on balance the proposal is considered to be acceptable subject to deferred commencement consent

involving design changes to the building. These aspects are addressed below.

The Crime Prevention through Environmental Design (CPTED) principle aims have been considered

with regards to potential safety and security issues associated with the design of the development.

The proposed new works provide suitable opportunities for both active and passive surveillance. The

development is considered appropriate subject to suitable conditions of consent incorporating

additional CPTED treatment measures.

Contaminated Land A site inspection and search of Council records has revealed that the subject site is unlikely to be

contaminated and is therefore fit for its intended use.

Archaeological Sensitivity Council records indicate that the subject site is rated low in terms of Archaeological Sensitivity. The

existing site is built boundary to boundary and as such a site inspection did not reveal any evidence of

shell material or significant sandstone features within the development zone. The proposal does not

warrant an Aboriginal Archaeological Study being undertaken.

Built Form & Building Separation

One of the key concerns with the proposal for ARAP and Council’s architect is the arrangement of

buildings on the site and the fact that the applicant has sought to retain the existing building and make

alterations and additions to it rather than to demolish and start again from the ground up. ARAP

considered that a more desirable scheme would be a mixed use development which includes

basement car parking, active street uses at ground level, and a residential element above, facing

Wandella Road. Whilst it is accepted that a scheme of this nature may have its benefits, it is not the

proposal before Council to consider.

The ownership arrangement and the existing uses on the site have led to the current arrangement of

proposed built form. In most respects however the proposed new residential building complies with the

required setbacks and building separation requirements set out in the ADG (with the exception of parts

of the northern and southern elevations). The southern side separation non-compliance is minor and

can be rectified by way of a condition requiring privacy measures. The northern separation non-

compliance requires an increased setback and therefore a redesign of some of the apartments as

outlined further below.


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The building separation requirements of the ADG specify the following for buildings five to eight

storeys / up to 25 metres:

• 18 metres between habitable rooms/balconies

• 12 metres between habitable rooms/balconies and non-habitable rooms

• 9 metres between non-habitable rooms

As stated above, the proposal meets the required building separation distances to the east and west

but not to the north and south. The existing flat building to the north (8-12 Wandella Road) was built

approximately 15 years ago, when the subject site was an at-grade carpark. Apartments in this

building were built very close to the southern boundary such that a number of the units have balconies

which are setback approximately 1.5 – 2m from the boundary. These balconies presently face the

ALDI carpark, the rear of the ALDI supermarket and multi-deck RSL carparking. The level of

residential amenity afforded these units is compromised in terms of noise, privacy and outlook.

The proposed new residential building will be situated on top of the existing carpark level (effectively

12m in height). The applicant has designed the building to be defensive, to provide visual and acoustic

privacy between the new development and the existing building, but has proposed a maximum

separation distance of between 9m and 14m building to building. The ADG requires a minimum of

12m between habitable rooms / balconies and non-habitable rooms. Objective 3-F aims to ensure that

building separation is shared equitably on neighbouring sites. In this instance, an equitable sharing of

building separation cannot occur as the existing building has been built too close to the boundary. The

burden for building setback is therefore greater on the subject site.

In some instances, the required building separation may not result in adverse amenity impacts and a

reduced setback could be considered. In this instance, notwithstanding the Miranda Centre location of

the building, the extent of compromised residential amenity for the neighbouring apartments is such

that no encroachment in building separation can be supported. The proposed building separation of

9m directly opposite one wing of the existing residential building has the potential to further exacerbate

the limited outlook and sense of available light for these apartments. The perceived visual dominance

will also be unacceptable.

The applicant has gone to considerable lengths to design a building which complies with the building

separation requirements for other sides of the building. The northern setback for the residential

parking levels is also compliant, providing a 14m setback to the closest balcony.

The applicant was advised of Council’s concerns with respect to the northern setback during the

course of the assessment and has only made minor amendments. This resulted in a 9m setback from

the building to the edge of the neighbouring balcony. For the proposal to be acceptable, a minimum

12m setback is required. Achieving the 12m setback will require a redesign of the northern end units

and has therefore been incorporated into a deferred commencement condition.


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The setback requirement to the south is 18m as the southern elevation of the proposed building

contains bedroom windows. The flat building on the southern side of Penprase Lane has living areas

and balconies facing north – a number of which are opposite some of the bedroom windows. The

closest setback point between the two buildings is 16.6m (from the edge of the balcony to the wall of

the proposed development at the closest point). The amenity impact is not so much one of visual bulk

and scale but in terms of privacy, as floor to ceiling bedroom windows are proposed. Whilst these are

only narrow, it is considered appropriate to require privacy measures to be incorporated on these

windows. The elevation would then be considered defensive and the building setback appropriate in

terms of its relationship with the adjacent building.

A key concern related to the placement of the built form on the site is that of the presentation of the

upper level car parking for the residential component. The applicant is seeking to screen the carpark

walls with planting, to create a green wall appearance for the development. This is proposed to extend

to each of the existing RSL carpark facades as well as the two new levels of parking. In principle and

appearance (in terms of the 3D montages submitted with the application), the green walls would make

a positive contribution to the development and to the Penprase Lane / Wandella Road streetscapes.

The key concern with the green wall scheme however is the likelihood for achieving this and the long-

term viability of the green wall for maintenance by the future body corporate. If the green wall were to

fail at any stage, the visual impact of the car parking structure would be significant.

ARAP stated that the landscape proposal was technically unconvincing and that a ‘less plant-

dependent’ design strategy should also be considered’. The applicant responded to ARAP and

Council’s concerns by submitting revised elevations for the parking levels showing two different types

of elevational treatments and a Vegetation Management Plan. The applicant wants to proceed with the

green wall proposal, but put forward the revised architectural detailing as a solution in the short or long

term should the green walls not take hold.

Council’s architect is not satisfied with the proposed architectural treatment, considering it creates the

appearance of a screen / fence. Alternative treatments such as fixed panels, with art work elements or

a more typical built form treatment is required, such that the car parking levels appear more a

commercial building than a carpark. Council’s Landscape Architect remains dissatisfied with the

proposed landscape species, but can impose conditions to ensure a more successful long term result.

It is considered that a suitable architectural treatment for the car parking levels can be achieved

through continued negotiation with the applicant and as such deferred commencement conditions are

recommended to address this aspect.


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Traffic and Parking

The application, including the submitted traffic assessment and parking provisions, have been

reviewed by Council’s Engineers. The impacts arising from the proposed development are generally

considered to be acceptable. The vehicular entry is suitably located in Penprase Lane away from the

busy intersection of Wandella Road, which will minimise potential conflicts and enhance vehicular and

pedestrian safety.

DSSDCP 2015 sets out the key objectives for car parking as follows:

a. To ensure all landuses and / or combination of activities provide sufficient parking on-site to

satisfy the demand for parking by different vehicle types generated by the development

including Traffic Generating Development.

b. To minimise amenity impacts on neighbouring properties including streetscape, noise and

lightspill.

c. To ensure that off-street parking areas are provided having regard to the area of the building,

the number of employees, residents and visitors, the availability of public transport and use of

bicycles.

The existing site accommodates two different uses at present (supermarket with associated parking as

well as RSL patron / gymnasium carparking). The present parking arrangement appears to operate

with minimal conflict, albeit Council officer’s site visit indicated that the RSL has been operating the

carpark as a commercial ‘user-pays’ carpark. This is contrary to the existing RSL consent and the

applicant has been advised accordingly.

Introducing a third landuse activity to the site with the residential accommodation component means

ensuring sufficient parking provision for this landuse. The applicant has sought to provide the

minimum number of car parking spaces, but Council’s traffic engineer is of the view that additional

parking for two and three bedroom units should be provided (utilising the maximum parking

requirements in DSSDCP 2015). This would ensure that objective a. of DSSDCP 2015 is met.

The additional residential parking provision would mean a further decrease in parking for the RSL. As

stated in the traffic report submitted with the application, patrons’ numbers are nowhere near what

they once were and a reduced parking provision will still meet the patron needs of the Club.

In terms of objective b. conditions are recommended to ensure no adverse effects from vehicle noise

and lightspill for the residential apartments to the north and south of the site, which face the proposed

new residential parking decks. These conditions are tied in with the need for improved elevational

façade treatment for this carpark structure (see above).


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Views

The issue of view loss has been raised by one of the submitters in the residential flat building known

as 621-635 Kingsway, Miranda. The submitter lives on the top floor of the units on the north-western

corner and currently enjoys 180 degree views across the Port Hacking High School grounds panning

towards the city skyline and Botany Bay.

The following is an assessment of the view loss in accordance with the planning principle established

by Senior Commissioner Roseth in Tenacity Consulting v Waringah [2004] NSWLEC 140.

1 - Assessment of views to be affected

The submitter’s unit is on the top floor of an 8 storey building directly south of the subject site on the

opposite side of Penprase Lane in a block fronting the Kingsway. The unit is on the corner and is

therefore afforded views directly west, partially to the south, but most expansively to the north and

north-east. The submitter’s balcony wraps around the north-western corner of the unit, directly

accessed from the main dining / living area of the unit.

The subject site is currently under-developed and sited on the downward side of Penprase Lane. This,

along with the height of the objector’s unit, affords 180 degree views over the Sydney Basin towards

the north, in an arc from east to west. These views comprise most importantly distant views of:

• Botany Bay, the Airport and Ports;

• Sydney CBD Skyline; and

• The greater metropolitan area.

A similar view is afforded to the other units on the northern side of the building which all have north-

facing balconies. The most prominent existing building in the foreground of the view is that of the

Central Apartments tower (19-21 Central Road, Miranda).

The general ‘openness’ of the aspect enjoyed by the objector’s apartment is assisted by the location of

Port Hacking High School which is situated on the western side of Wandella Road. The school

contains significant playing fields which abut the freeway reserve and which provide a large vista of

vegetated area. This view undoubtedly adds to the amenity of the apartment.

There are iconic view elements involved yet these are distant and the views are assessed as being of

‘moderate’ significance.

2 - Consider from what part of the property the views are obtained.

The view is largely obtained from the balcony of the apartment, but also from within the living area via

the north-facing windows. The view is enjoyed in both day and night time hours, and from a standing

and seated position.


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3 - Assessment of the extent of the impact.

The subject site has a maximum 25m height limit applicable to it under SSLEP 2015. If the full height

available on the site was taken up, the 25m height line across the site would result in significant view

loss for the objector and other property owners within the Kingsway apartments.

The predominant massing of the proposed residential building occurs at the eastern end of the

existing building, which obscures the objector’s distant views of the city and Botany Bay. Whilst these

views could be said to be the more significant of the wider sweeping views, the reduced height and

scale of building proposed for the remainder of the site ensures that the majority of the sweeping

suburban views are retained.

4 – Assessment of the reasonableness of the proposal that is causing the impact.

The proposed residential building breaches the maximum height limit at certain points. A Clause 4.6

objection for the height breach is supported on the basis of minimal impact. The height breach does

not impact on the degree of view loss as this occurs at a lower level than the 25m.

Earlier discussion in this report has addressed the various benefits or not of the proposed

arrangement of built form on the site and consideration of the possible alternatives. In any alternative

development form, view loss would occur, given the building height and FSR achievable on the site.

The subject arrangement of built form enables substantial sweeping views to be retained, which, given

the urban centre location of the site is more than reasonable. An expectation that apartments will

continue to enjoy unobstructed views ‘outwards’, from within an urban centre and across urban centre

zoned redevelopment sites is unreasonable.

Communal Open Space

The ADG requires the provision of 25% of the site area for the purposes of communal open space.

The applicant has submitted that the proposal complies with the ADG, with a 26% provision divided

between the two terrace areas (Level 3 and the roof). Council officers have calculated the provision at

14% (or a shortfall in numeric terms of 401m2).

The key design guidance for the provision of communal open space is that they should be

consolidated into a ‘well designed, easily identifiable and useable area’.

The original proposal made provision for a single communal open space area on the eastern side of

the development on Level 3. This area accounted for approximately 7% of the requirement. The

applicant was advised of the significant shortfall and amended the proposal to provide a large roof

terrace on top of the building. The area of the roof terrace is constrained by skylight windows for each

of the top floor units (required to achieve cross-ventilation) and solar access. The applicant has

designed the roof terrace to exclude these areas for use and provide planting in this area instead.

Whilst the planting adds a degree of amenity to the roof terrace and is supported, it is considered to sit

outside the area of the actual ‘useable communal open space area’ and has therefore not been

included in the calculation to achieve the 25%.


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Notwithstanding the shortfall, the design of each of the communal open space areas still achieves the

objectives of the ADG. Both spaces offer a different level of amenity and will afford spaces for different

groups of occupants to enjoy passive recreation outside their individual units or private balcony /

terrace areas. The Level 3 private terrace areas are generous and the majority of upper level

balconies exceed the ADG minimum size requirements. The site is also located within the Miranda

Commercial Core and a five minute walk to the nearby Seymore Shaw Park, which contains a

playground and large expanse of playing fields. The on-site shortfall of communal open space can

therefore be off-set by the good proximity to public open space facilities as well as those afforded by

the location of the site within the Miranda Centre.

Residential Amenity Privacy

For the most part the proposed residential component of the building has been designed to respect

the visual and aural privacy of the residents in the existing flat buildings to the north, south and east.

The proposed units are largely oriented east and west, with four studio apartments oriented north-

south but in the south-east corner of the site.

None of the proposed units look directly into the balconies or principal living area windows of any

existing unit. The northern and southern sides of the building incorporate solid ends to the balconies to

prevent direct looking to the south or north, orienting views to the west. There are several rooftop

terraces to the north on the building known as 8-12 Wandella Road. The proposed new building has

maintained more than sufficient separation distance from these terraces (being approximately 22m

from the closest balcony to the closest terrace).

On the eastern side, the neighbouring building (19-21 Central Road) is oriented to the north and east,

with some windows in the western elevation. Units in the western component of this building face due

north. Whilst the balconies in the east facing units face due east, adjustable privacy screens are

proposed for the balconies to assist with moderating viewing angles.

An objector located in the Kingsway apartments (621-635 Kingsway) raised concern with respect to

the windows proposed in the southern elevation of the new residential building and requested that this

elevation be treated in a more defensive way, similar to the northern elevation. The separation

distance from the closest point on the balconies of the Kingsway building to the windows in the

southern elevation is 16.6m. As discussed above, this separation falls slightly short of the required

18m. Notwithstanding this the elevation is for the most part reasonably defensive, containing only

bedroom windows. The windows vary in width and are full height floor to ceiling. Whilst bedrooms are

low-use rooms, given the reduced setback and the opposite residential balconies, visual and aural

privacy for both the existing and future occupants could be improved with the inclusion of privacy

measures on these windows. Deferred commencement conditions have been incorporated to

addresses this, giving the applicant the opportunity to design either highlight or frosted windows, or

incorporate external angles louvers on these windows.


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Internal privacy within the development is largely satisfactory with appropriately located balconies and

the use of adjustable louvers. ARAP has raised concern with respect to the material proposed for the

balconies of the apartments (solid glass) as this affords minimal privacy. Some balconies incorporate

vertical louvers but largely only the top floor units. The west facing apartments would also benefit from

a more solid balcony to reduce the impact of west facing sunlight during the summer months. A

condition has been imposed requiring further consideration of this as part of the deferred

commencement.

Cross Ventilation

The subject proposal falls short (54%) of the required 60% of cross-ventilated apartments. The

shortfall accounts for approximately five units. To achieve the 54% the top floor units require roof

vents in the roof of the building, and other strategically placed window openings (Units 306, 406, 506)

which are only just acceptable in terms of cross-ventilation.

The applicant was advised of the shortfall, which occurs largely as a result of the number of single-

sided apartments. In support of the proposal the applicant submitted a Natural Ventilation Assessment

report prepared by Cermak Peterka Petersen (CPP). This report demonstrated that the single sided

apartments are naturally ventilated to an extent which satisfies the ADG. Reference was made to

projects elsewhere within the Metropolitan area where natural ventilation was found to be a

satisfactory measure to cross-ventilated apartments. These examples were checked but could not be

qualified as all of the developments had been determined with reference to the Residential Flat Design

Code (RFDC).

The ADG requires ‘at least 60%’ of apartments to be cross-ventilated. The ADG also requires that all

habitable rooms are naturally ventilated. The applicant is close to achieving the requirement. The

deferred commencement conditions require modification to a number of the units which is likely to

reduce the overall number of units in the development. This will make it easier to achieve the 60%. A

condition has been included in the deferred commencement consent to require compliance with the

ADG in this regard.

SECTION 94 CONTRIBUTIONS

The proposed development will introduce additional residents to the area and as such will generate

Section 94 Contributions in accordance with Council’s adopted Contributions Plans. These

contributions include:

Open Space: $476,685.07

Community Facilities: $ 79,688.31

Miranda Centre $165,247.19

These contributions are based upon the likelihood that this development will require or increase the

demand for local and district facilities within the area. It has been calculated on the basis of 57 new

residential units with a concession of two existing allotments.


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DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 147 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition Council’s development application form requires a

general declaration of affiliation. In relation to this development application no declaration has been

made.

CONCLUSION

The subject land is located within Zone B3 Commercial Core pursuant to the provisions of Sutherland

Shire Local Environmental Plan 2015. The proposed development, being alterations and additions to a

commercial building and the construction of a residential flat building, is a permissible land use within

the zone with development consent.

The application was placed on public exhibition on two occasions, with seven submissions received

during the initial notification period and three from the second notification period (revised plans). The

matters raised in these submissions have been discussed in this report and some matters have

resulted in design changes to the building or recommended conditions of consent.

The proposal includes a variation to the building height development standard. This variation has been

discussed and is considered acceptable subject to building separation design changes and deferred

commencement conditions of consent.

The subject proposal represents in fill development within the Miranda Centre. The site is constrained

by the existing commercial development on the site and by existing residential flat developments to

the north, south and east. For the most part the proposed development will result in a good

development outcome for the site. The architectural quality of the building and finishes is high. The

proposed green wall planting is encouraged, but insufficient architectural detailing is provided in the

event that the green wall is not as successful as intended. Deferred commencement consent is

recommended on the basis of the built form changes on the northern side of the building, the

architectural detailing of the carpark facades and compliance with the minimum cross-ventilation

requirements of the ADG. Conditions are also imposed to ensure residential amenity for surrounding

residential property owners is maintained and to minimise any environmental impacts.

The application has been assessed having regard to the Heads of Consideration under Section

79C(1) of the Environmental Planning and Assessment Act 1979. The application will not result in any

significant impact on the environment or the amenity of nearby residents. Following assessment,

Development Application No. 16/0641 may be supported for the reasons outlined in this report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Major Development

Assessment (AT).

File Number: DA16/0641

APPENDIX "A"

DEVELOPMENT APPLICATION NO. 16/0641 DRAFT CONDITIONS OF CONSENT

PART 1 - DEFERRED COMMENCEMENT CONDITIONS To enable the submission of further information to clarify or resolve specific aspects of the proposed

development this Development Consent is issued as a "Deferred Commencement" Consent under the

provisions of Section 80(3) of the Environmental Planning and Assessment Act as amended. The

Consent does not operate until the applicant satisfies the Council as to the following matters.

The required information must be submitted within 12 months of the date of issue of this development

consent.

Note- Under the provisions of Clause 95A(5) of the Environmental Planning and Assessment

Regulation 2000 upon submission of the required information, Council must advise in writing whether

or not it is satisfied as to the relevant matters.

1. Architectural Design Changes RequiredRevised plans are to be provided showing the following modifications which are to be made to

the development:

a. Increased Building SeparationThe north-western wing of the residential building must achieve a minimum 10.5m setback from

the northern boundary. This setback shall extend to the side of the stepped wall of the eastern

wing of the building.

b. Cross-ventilated ApartmentsThe development must achieve 60% cross-ventilated apartments in accordance with the

requirements of the Apartment Design Guide.

c. Treatment of carpark facadesAll of the facades of the existing and proposed carparking levels shall be suitably screened

utilising architecturally designed panelling. The panelling must largely comprise solid elements

which minimise any view of the internal car park. Details shall be submitted to the Director of

Shire Planning for Approval.

d. PrivacyPrivacy measures must be implemented for the bedroom windows in the southern façade of the

building. Such measures shall include frosted glazing, fixed privacy screens angled to the east

or windows with a minimum sill height of 1.5m.


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PART 2 - CONDITIONS OF CONSENT 2. Approved Plans and Documents

The development must be undertaken substantially in accordance with the details and

specifications set out on the Plan / Drawings:

Plan number Reference Prepared by Date

The above table will be populated upon arrival of revised plans as required by Condition 1. and any details on the application form and on any supporting information received with the

application except as amended by the following conditions.

Note: The following must be submitted to Sutherland Shire Council prior to the commencement

of any building work.

i) A Construction Certificate.

ii) Notification of the appointment of a Principal Certifying Authority and a letter of

acceptance from that Principal Certifying Authority.

iii) Notification of the commencement of building works with a minimum of 2 days notice of

such commencement.

3. Design Changes Required A. Before Construction The following design changes must be implemented:

i) The size of the proposed garbage room must be increased by moving the western wall

4m to align with Grid 9 (Drawing No.2327.01 sheet DA1101/T prepared by Altis

Architecture).

ii) The parking bay adjacent to the northern side of the “new lobby” must be deleted to

enable sufficient area for the increased garbage room.

iii) The planter box adjacent to the southern elevation of the “new lobby” and west of the

“new lobby” main entrance doorway must be deleted.

iv) The lift to the residential flat building shall be altered to enable persons to enter / exit the

lift on Level 2 (carpark).

v) An ordinance fence must be provided adjacent to the eastern side of the Aldi loading

dock, forward of the southern elevation of the RSL car park.

vi) The four parking spaces in the north western corner of the ground level car park shall be

deleted and replaced with a planter bed.

viii) The storage area to the western side of the Level 4 car park must be deleted and the

planters extended into this area.


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ix) Units 303, 403, 503, 603 and 703 shall be redesigned to ensure a maximum depth of 8m

for the open play living / dining / kitchen area.

x) The floor to floor height for each of the residential levels shall be 3.1m.

xi) A minimum of 199m3 of storage shall be provided within the Level 2 and Level 3 carparks

allocated on the basis of 6m3 per 1 bedroom unit, 8m3 per 2 bedroom unit and 10m3 per

3 bedroom unit.

xii) A minimum of 199m3 of storage shall be provided within the individual apartments

allocated on the basis of 6m3 per 1 bedroom unit, 8m3 per 2 bedroom unit and 10m3 per

3 bedroom unit.

Details of these design changes must be included in documentation submitted with the

application for a Construction Certificate.

4. CCTV a) CTV surveillance cameras shall be strategically installed, operated and maintained

throughout the carpark (Levels Ground, 1 and 2) with particular coverage to:

i) principal entrance/s and exits

ii) staircases

iii) the area within a 10m radius external to the public entrance(s) to the premise.

b) Suitable and clearly visible signage shall be displayed at the principal entrance(s) to the

carpark and entry foyers and in a prominent location on each floor of the carpark position

on each floor accessible to the public with the words “Closed Circuit Television in use on

these premises”.

c) All CCTV recording equipment and cameras shall be of high grade digital quality capable

of establishing the population and identification of patrons, offenders and incidents within

the depth of field view of the cameras. In this respect each surveillance camera shall be

capable of recording a minimum rate of 10 frames per second and at high resolution.

d) CCTV recording discs or hard drive recordings shall be retained for 28 days before being

re-used, destroyed or deleted. Time and date shall be auto recorded on the disc or hard

drive. The CCTV recording equipment shall be capable of reproducing a CD, DVD or

other appropriate digital copy of recorded footage on demand of Council or Police

Officers either immediately or within 12 hours of the request being made. Copy discs

must be handed to Council, Police Officer or Special Inspectors as required.

e) All CCTV recording devices and cameras shall be checked daily to ensure the equipment

is operating correctly. The RSL shall record this daily checking activity in the

security/incident register book that meets the standards required by the Police. If it is

discovered at any time that the equipment is not in full operating order all reasonable

steps must be taken to repair the system as soon as practicable.

f) All CCTV recording devices and cameras shall be operated at all times when the carpark

is open to the public.


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g) The CCTV recording device shall be secured within the RSL premises and only be

accessible to senior management personnel so as to maintain the integrity of the

recorded footage. When the carpark is operating there must be at least one staff member

present at the premises who is authorised to access the CCTV system and able to

immediately review recordings and produce copies.

h) Camera views are not to be obstructed by temporary or permanent structures, signage or

other impediments.

5. Public Place Environmental, Damage & Performance Security Bond A. Before Issuing of any Construction Certificate Prior to the issue of a Construction Certificate or the commencement of any works on site,

whichever occurs first, the person acting on this consent must provide security to Sutherland

Shire Council against damage that may be caused to any Council property and/or the

environment as a consequence of the implementation of this consent. The security may be

provided by way of a deposit with Council or a bank guarantee. A non refundable

inspection/administration fee is included in the bond value.

It is the responsibility of the person acting on this consent to notify Sutherland Shire Council of

any existing damage to public areas in the vicinity of the development site by the submission of

a current dilapidation report supported by photographs. This information must be submitted to

Council at least 2 days prior to the commencement of works.

In the event that the dilapidation report is not submitted 2 days prior to commencement and the

public area sustains damage the person acting on this consent may be held liable.

Should any public property and/or the environment sustain damage as a result of the works

associated with this consent, or if the works put Council's assets or the environment at risk,

Council may carry out any works necessary to repair the damage and/or remove the risk. The

costs incurred must be deducted from the bond.

The value of the bond is $10,210.00.

Note: Bond amount includes a non refundable administration fee which must be paid

separately if security is provided by way of a deposit with Council or a bank guarantee.

Use of Bank Guarantee - As bond releases may occur under different timeframes only one

bond amount/bond purpose is permitted on a Bank Guarantee. Multiple bonds will require

multiple bank guarantees to be lodged.


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B. After Occupation A request for release of the bond may be made to Sutherland Shire Council after all works

relating to this consent have been completed. Such a request must be submitted to Council on

the ‘Bond Release Request Form’ signed by the owner or any person entitled to act on the

consent and must be accompanied by a current dilapidation report including photographs.

Section 94 Contributions The following dedication of land and/or monetary contributions have been levied in relation to

the proposed development pursuant to Section 94 of the Environmental Planning and

Assessment Act 1979.

The Contributions Plan may be viewed on line on Council’s web page (search for S94

Contributions Plan). A copy may also be viewed or purchased at the Customer Service

Counter in Council’s Administration Centre, Eton Street, Sutherland during office hours.

6. Monetary Contribution for Shire-Wide Open Space and Recreational Facilities A. Before Construction Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and

Sutherland Shire Council’s Contributions Plan - Shire Wide Open Space and Recreation

Facilities 2005, a monetary contribution of $476,685.07 must be paid to Sutherland Shire

Council toward the cost of land identified for acquisition and works contained in the Works

Programme of the Contributions Plan.

This contribution has been assessed and calculated in accordance with the Shire Wide Open

Space and Recreation Facilities 2005, Contribution Plan on the basis of 57 new residential

apartments, with a concession for 2 existing allotments.

The contribution will be indexed on 1 July in each year in accordance with the Implicit Price

Deflator for Gross Fixed Capital Expenditure - Private Dwellings, with amended rates being

available from Council.

Payment must be made prior to the issue of the Construction Certificate.

7. Community Facilities, Shire Wide 2003 Plan A. Before Construction A monetary contribution of $79,688.31 amount must be made for the cost of providing

community facilities.

This contribution has been assessed pursuant to s.94 of the Environmental Planning and

Assessment Act, and the Sutherland Shire Contributions Plan - Community Facilities in the

Sutherland Shire, after identifying the likelihood that this development will require or increase

the demand for community facilities within the shire. It has been calculated on the basis of 57

residential apartments, with a concession for 2 existing allotments.


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8. S94 - Miranda Centre A. Before Construction Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Miranda

Centre Open Space Embellishment Plan, a monetary contribution of $165,247.19 must be paid

to Sutherland Shire Council toward the cost of works contained in the Works Programme of the

Contributions Plan.

This contribution has been assessed and calculated in accordance with the Miranda Centre

Open Space Embellishment Plan on the basis of 57 residential apartments, with a concession

for 2 existing allotments.





9. Approvals Required under Roads Act or Local Government Act A. Before Construction No occupation or works are to be carried out on public land (including a road or footpath) or

access provided over a public reserve adjacent to the development site without approval being

obtained from Sutherland Shire Council and the necessary fee paid under the Roads Act 1993

and/or the Local Government Act 1993. These approvals must be to the satisfaction of Council

for the required development works and may include but are not limited to the following:

• Detailed Frontage Works including construction of a driveway, footpath, etc.

• Road openings and restoration to provide services to the development.

• Work Zones and Hoardings.

• Skip Bins.

• Shoring / Anchoring.

• Standing of cranes, concrete pumps, etc.

Note: All Plans and Permits are required to be on site, at all times and may be requested by

council officers at any time.


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Note: Approval under the Roads Act or Local Government Act cannot be granted by a Principal Certifying Authority or by a Private Certifier. Failure to obtain approval may result in fines or prosecution.

10. Site Management Plan

A. Before Commencement of Works including Demolition An Environmental Site Management Plan must accompany the application for a Construction

Certificate. If demolition is to commence prior to the issue of a Construction Certificate the

applicant must submit to Sutherland Shire Council a separate Demolition Site Management

Plan. These plans must satisfy the Objectives and Controls of Sutherland Shire Development

Control Plan 2015 relating to environmental site management and must incorporate the

following throughout demolition and construction:

i) Safe access to and from the site during construction and demolition.

ii) Safety and security of the site, road and footpath area including details of proposed

fencing, hoarding and lighting.

iii) Method of loading and unloading excavation machines, building materials.

iv) How and where, construction materials, excavated and waste materials will be stored.

v) Methods to prevent material being tracked off the site onto surrounding roadways.

vi) Erosion and sediment control measures.

B. During Works The site management measures set out in the above plan must remain in place and be

maintained throughout the period of works and until the site has been stabilised and

landscaped.

11. Pre-commencement Inspection A. Before Works A Pre-commencement Inspection/meeting is to be convened by the Applicant on-site a

minimum 5 days prior to any demolition and/or construction activity and between the hours of

8.00 am and 4.30 pm Monday to Friday. The meeting must be attended by a representative of

Council's Civil Assets Branch, the Principal Certifying Authority, the builder/site manager of the

building/civil construction company and where necessary the supervising engineer. The

attendance of the owner is required when it is intended to use more than one builder/principal

contractor throughout the course of construction.

The purpose of the meeting is to:

i) Ensure safe passage for pedestrians, Work and Hoarded Zones are maintained in

accordance with Council requirements;

ii) Check the installation and adequacy of all traffic management devices;


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iii) Confirm that the supervising engineer has a copy of Council's Specification for Civil

Works Associated with Subdivisions and Developments.

Note: An inspection fee must be paid to Council prior to the lodgement of the Notice of

Commencement. Please refer to Sutherland Shire Councils Adopted Schedule of Fees and

Charges.

12. Supervising Engineer A. Before Construction The applicant must engage an Accredited Certifier in civil engineering works or a Charter Civil

Engineer to supervise construction of any:

i) Road frontage works.

ii) Construction / installation of stormwater drainage.

iii) Rainwater harvesting & reuse.

iv) All other works that form part of a subdivision.

B. During Construction The engineer must supervise the works as listed above to ensure compliance with:

i) All relevant conditions of development consent.

ii) Any Consent issued under the Roads Act for this development.

C. Before Occupation The supervising engineer must certify the works required in “A” above were undertaken and

completed in accordance with the requirements of this Development Consent and to their

satisfaction.

13. Stormwater Design - General A. Design & Constructed The stormwater drainage system where altered or newly constructed must be designed and

constructed to comply with Australian Standard AS3500.3:2003.

14. Damage to Adjoining Properties A. Before Works To minimise vibration damage and loss of support to buildings / structures and properties in

close proximity to the development site, a Geotechnical Engineers Report must be prepared

detailing constraints to be placed on earth moving and building plant and equipment and the

method of excavation, shoring, underpinning and support. This report must be provided to the

person undertaking the excavation and the Principal Certifying Authority.


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B. During Works The constraints and recommendations of the Geotechnical Engineers Report must be

implemented.

15. Public Utilities This condition is imposed to facilitate the provision of services to the development and reduce

conflicts between services and lot boundaries, buildings or associated facilities.

A. Before Construction Suitable arrangements must be made with all relevant utility service providers to ensure the

development is appropriately serviced by electricity, gas, telecommunications and the like, and

any necessary underground conduits are provided.

Note: Should these requirements result in any significant change to the approved design an

application must be made to modify the consent under s.96 of the Environmental Planning and

Assessment Act.

16. Awnings within the Road Reserve A. Design Council has determined that the proposed development generates a need for construction of an

Awning to be undertaken by the Applicant within the Road Reserve in conjunction with the

development. To this end an application under the Roads Act shall be submitted to Sutherland

Shire Council together with the Awning design drawing and specification (prepared by the

Owner / Applicant’s Consultant), for Consent to undertake the required works. This design will

generally comply with the approved architectural design drawings and must specifically address

/ accommodate the following;

i) Awnings are required to be set back a minimum of 600mm from the kerb face and be a

minimum height of 2.4m above the footpath level, and

ii) Drainage from the awning shall be connected to the stormwater system for the

development.

B. Before Construction Certification from an Accredited Certifier or a Chartered Civil Engineer to the effect that the

Awning design and specification was prepared in accordance with the Development Consent

and the associated Roads Act Consent and to their satisfaction, shall accompany the

application for the Construction Certificate.

C. Before Occupation The Supervising Engineer shall certify the Awning was constructed to their satisfaction and in

accordance with the Development Consent and associated Roads Act Consent. Prior to the

occupation or use of the building the Applicant / Owner shall submit to Council a copy of the

aforementioned letter of certification.


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Note: Council’s Engineering Division charges a fee for assessment and approval of the

awning design and specification. A quotation may be obtained by contacting the Sutherland

Shire Council’s Assets Manager.

17. Design and Construction of Works in Road Reserve A. Design Council has determined that the proposed development generates a need for the following

works to be undertaken by the Applicant in the Road Reserve in conjunction with the

development. To this end an application under the Roads Act shall be submitted to Sutherland

Shire Council for a Road frontage design drawing and consent to undertake the required

frontage works. This design will generally comply with the approved architectural design

drawings, SSC Specification for Civil Works Carried Out in Conjunction with Subdivisions and

Developments and SSC Public Domain Design Manual, except where amended and or

addressing the following;

i) Establish the property alignment levels and crossing profiles,

ii) Reconstruct the vehicle crossing,

iii) Reconstruct the footpath pavement,

iv) Install street lighting,

v) Construct a traffic calming devise,

vi) Install street parking signage to enable on-street garbage pickup,

vii) Adjust public services infrastructure where required, and

viii) Ensure there are adequate transitions between newly constructed and existing

infrastructure.

B. Before Construction Establish the property alignment levels and crossing profile.

C. Before Occupation The Supervising Engineer must certify the Road Frontage Works were constructed to their

satisfaction and in accordance with the Development Consent and associated Roads Act

Consent. Prior to the occupation or use of the building the Applicant / Owner shall submit to

Council a copy of the aforementioned letter of certification.

Note: Council’s Engineering Division charges a fee for the creation of the road frontage works

design and specification. A quotation may be obtained by contacting the Sutherland Shire

Council’s Assets Manager.


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18. Parking Layout and Vehicle Access A. Design The vehicular access-way and car park layout shall comply with the approved annotated

architectural design drawings, Australian Standard AS2890.1:2004 and Australian Standard

AS2890.6:2009, except where modified by the following;

i) Align with Council’s issued vehicular crossing levels.

ii) Parking bays must not be caged or enclosed.

iii) All parking bays must be line marked.

iv) All “disabled” parking bays and associated shared zones and small car spaces shall be

signed.

v) The three parking bays on the ground floor closest to the boom gate shall be designated

small car spaces.

vi) The two western parking bays on the ground floor at the northern end of the driveway

ramp shall be deleted. The two western parking bays on the first floor at the northern of

the driveway ramp shall be deleted.

vii) The proposed east-west parking bay on the northern side of the aisle on the ground floor

shall be deleted. The proposed east west parking bay on the northern side of the aisle on

the first floor shall be deleted.

viii) A 1m by 1m splay shall be constructed at the north western corner of the driveway ramp

on the ground floor. A 1m by 1m splay shall be constructed at the north western corner of

the driveway ramp on the first floor.

ix) The top of the driveway ramp of level one shall be widened by reconstructing the kerb of

the outside curve. This kerb shall be set 450mm off the existing column and outside wall

of the fire escape. The proposed garbage shoot shall be relocated from within the vehicle

swept path of this ramp.

x) The top of the driveway ramp of level two shall be widened by reconstructing the kerb of

the outside curve. This kerb shall be set 450mm off the existing column and outside wall

of the fire escape. The proposed garbage shoot shall be relocated from within the vehicle

swept path of this ramp.

xi) Mirrors shall be installed at the top and bottom of each driveway ramp of levels ground,

first and second to assist motorists accessing the ramps.

xii) The maximum longitudinal grade of the driveway ramps shall be 25%.

B. Before Construction Certification from an Accredited Certifier or a Chartered Civil Engineer or a Registered

Surveyor, to the effect that the carpark layout and vehicle access-way design was prepared

having regard to the conditions of development consent, shall accompany the application for

the Construction Certificate.


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C. Before Occupation i) A Works-As-Executed drawing (WAED) of the carpark shall be prepared by a Registered

Surveyor. This drawing must detail the alignment of each parking bay. An original or a

colour copy shall be submitted to Sutherland Shire Council.

ii) A Civil Engineer or Registered Surveyor must certify the aforementioned WAED that the

carpark was constructed to their satisfaction and in accordance with the Development

Consent. Prior to the occupation or use of the building the Applicant / Owner shall submit

to Council a copy of the aforementioned letter of certification.

Note 1: Be advised that this condition is based on a B85 vehicle (Ford Falcon Sedan). The

recommended condition will not necessarily protect exotic or altered cars from

“scraping” the vehicular access-way.

Note 2: Please be aware that the longitudinal grade of the driveway ramp is steep and that

slip/traction may be an issue. It is recommended that specialist advice be sought in

this regard.

Note 3: This condition will require the allocation of approximately 22 parking bays for the

residential flat building, upon level two.

Note 4: Stratum Lot one known as the Aldi Supermarket site, Stratum Lot two known as the

RSL carpark and Stratum Lot three known as the RFB site.

19. Stratum Subdivision A. Before Occupation i) Following completion of the requirements detailed in the conditions of this Development

Consent an original and five (5) paper copies of the Stratum Plan of Subdivision shall be

submitted to Council together with the Instrument (in duplicate) under Section 88B of the

Conveyancing Act, where required for ultimate lodgement at the Land Property

Information NSW.

ii) The existing Stratum Plan shall be released.

iii) Alternatively, a Subdivision Certificate issued by an Accredited Certifier and a copy of the

registered Plan of Stratum Subdivision and evidence that the original Plan of Stratum

Subdivision has been released shall be submitted to Council following completion of the

requirements detailed in the conditions of this Development Consent.

Note: A Subdivision Certificate application form can be found on Council’s website.

20. Approved Landscape Plan A. Design Changes The landscape works on the site must be carried out in accordance with the approved

Landscape Plan except as amended by the following:

i) Provide heath species to the planters within the Level 8 rooftop communal open space.

Ensure taller species are strategically located to minimize impacts on sky lights.


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ii) Ensure the following planter box depths are provided across the development:

- 450mm for grasses and groundcovers

- 600mm for shrubs

- 900mm for small trees

- 1200mm for large trees

iii) Replace Ficus rubignosa to Level 4 planters with a mix of Banksia serrata (Old Man

Banksia), Leptopsermum laevigatum (Coastal Tea Tree), Metrosideros thomasii (NZ

Christmas Bush) and Melalueca armillaris (Giant Honeymyrtle).

iv) Delete Carpobrutus glaucescens (Pig Face) and Cissus antarctica (Kangaroo Vine)

across the site and replace Trachelospermum jasminoides (Star Jasmine), Hibbertia

scandens (Snake Vine) and/or Parthenocissus tricuspidata (Boston Ivy)

v) Delete proposed canopy planting of Harpula pendula (Tulipwood) to ground level car

park planters along the northern boundary and replace with the following:

Northwest Planter

2xAcmena smithii (Lily Pily)

1xSyncarpia glomulifera (Turpentine)

Mid Planter

2x Elaeocarpus reticulatus (Blueberry Ash)

1xSyncarpia glomnulifera (Turpentine)

Northeast Planter

1x Acmena smithii (Lily Pily)

1x1xSyncarpia glomnulifera (Turpentine)

vi) Under plant the ground level carpark planters with an informal mix of shrubs grasses and

groundcovers selected from Sutherland Shire Council’s online tool Native Plant Selector.

vii) The communal open space areas and all planter boxes on slab must be provided with a

water-efficient irrigation system, connected to mains to enable effective landscape

maintenance.

The applicant must engage a suitably qualified Landscape Designer or Landscape Architect to

oversee any design changes to the approved Landscape Plan and amendments required

above. Details of these design changes must be included in the documentation submitted with

the application for a Construction Certificate.

Notes: A Landscape Designer is a person eligible for membership of the Australian Landscape

Designers and Managers and a Landscape Architect is a person eligible for membership of the

Australian Institute of Landscape Architects as a Registered Landscape Architect.


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If demolition works to occur prior to the Construction Certificate being issued, tree protection

measures must be installed prior to commencement of demolition.

C. Prior to Occupation/Occupation Certificate The landscape works must be completed in accordance with the approved Landscape Plan and

amendments required by ‘A’ above. A Final Landscape Inspection must be carried out and a

certificate issued by Council's landscape officer prior to occupation or the issue of an

occupation certificate (interim or final). This certificate is required to ensure that all landscaping

works and the deep soil percentage requirements have been carried out in accordance with ‘A’

above, and that all new indigenous plants on the site and within the road reserve are the

correct species.

To arrange a Final Landscape Inspection please phone 9710-0333 48 hours prior to the

required inspection date. An inspection fee of $225 is required to be paid, prior to the

inspection. Additional inspections will be charged at a rate of $150 each.

D. Ongoing All landscaping works required by ‘A’ above must be maintained for 12 months following the

final landscape inspection date.

Any plants found faulty, damaged, diseased or dead shall be replaced with the same species in

the same sized container within one month with all costs borne by the owner.

Note: If difficulty is experienced sourcing suitable indigenous plants from other suppliers, plants

grown from locally provenance seed may be available from:

Sutherland Shire Council Nursery

345 The Boulevarde, Gymea

Ph: 02 9524 5672

21. Car Wash Bays To prevent contamination of the stormwater drainage system a car-wash bay must be provided

on site:

A. Design The wash-bay must be graded to an internal drainage point and connected to the sewer.

B. Before Construction Details of the design satisfying ‘A’ above must accompany the application for a Construction

Certificate.


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C. Before Occupation The Principal Certifying Authority must be satisfied that

i) ‘A’ above has been complied with and

ii) any discharge to the sewer from the premises is in accordance with the requirements of

Sydney Water.

D. Ongoing All car-wash, engine degreasing and steam cleaning must be conducted in the wash-bay

detailed in ‘A’ above. Wastewater must be treated in accordance with the requirements of

Sydney Water.

22. Garbage, Recycling and Green-waste Storage Area To ensure the proper storage of waste from the premises:

A. Design The garbage and recycling storage area must have a smooth impervious floor that is graded to

a floor waste. A tap and hose must be provided to facilitate regular cleaning of the bins and all

waste water must be discharged to the sewer in accordance with the requirements of Sydney

Water. Garbage bins must be designed to prevent the escape of any liquid leachate and must

be fitted with a lid to prevent the entry of vermin.

B. Before Construction Details of compliance with ‘A’ above must form part of the documentation accompanying the

applications for a Construction Certificate.

C. Before Occupation The works must be completed prior to the issue of any Occupation Certificate.

D. Ongoing All waste and recycling bins must be stored wholly within the approved waste storage area.

23. External Lighting - (Amenity) To ensure that any lighting on the site does not cause a nuisance to neighbours or motorists on

nearby roads:

A. Design All lighting must be designed in accordance with Australian Standard AS4282 - Control of the

Obtrusive Effects of Outdoor Lighting.

B. Ongoing All lighting must be operated and maintained in accordance with the Standard above.


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24. Noise Control - Residential Air Conditioning Unit / Heat Pump Water Heater To minimise the noise impact on the surrounding environment:

A. Design The unit must be designed and/or located so that noise generated does not cause an LAeq

(15min) sound pressure level in excess of 5 dB(A) above the ambient background level when

measured on or within any residential property.

B. Ongoing i) The unit must be operated in accordance with ‘A’ above.

ii) Between the hours of 10.00pm and 8.00am on weekends and public holidays and

10.00pm and 7.00am any other day, noise emitted must not be heard within any

residence with its windows and/or doors open or closed.

25. Noise Control - Design of Plant and Equipment (General Use) To minimise the impact of noise from the development, all sound producing plant, equipment,

machinery, mechanical ventilation system or refrigeration systems:

A. Design All plant and equipment must be designed and / or located so that the noise emitted does not

exceed an LAeq sound pressure level of 5dB above the ambient background level when

measured at the most affected point on or within any residential property boundary.

Note: The method of measurement of sound must be carried out in accordance with Australian

Standard 1055.1.

B. Before Occupation Certification must be provided by a qualified acoustic engineer that all work associated with the

installation of the acoustic measures has been carried out in accordance with ‘A’ above.

C. Ongoing All plant and equipment must be operated and maintained in accordance with ‘A’ above.

26. Noise Control - Design of Plant and Equipment (Continual Operation) To minimise the impact of noise from the development, all sound producing plant, equipment,

machinery, mechanical ventilation systems and / or refrigeration systems:


exceed the Project Specific Noise level when measured at the most affected point on or within

any residential property boundary.


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The Project Specific Noise level must be the most stringent noise level of the Intrusive and

Amenity criteria and be calculated in accordance with the provisions of the Department of

Environment and Conservation’s Industrial Noise Policy.


Standard 1055.1.

B. Before Construction Details of the acoustic attenuation treatment required to comply with ‘A’ above, must be

prepared by a qualified acoustic engineer. These details must accompany the application for a

Construction Certificate.

C. Before Occupation Certification must be provided by a qualified acoustic engineer that all work associated with the


D. Ongoing All plant and equipment must be operated and maintained in accordance with the ‘A’ above.

27. Noise and Vibration Control - Residential Car Park To minimise noise and vibration from use of the security door in the car park:

A. Design The proposed security door fitted to the car parking area entrance must be independently

mounted on rubber pads or otherwise installed to prevent vibration noise transmission through

the concrete walls and / or columns.

B. Before Occupation The Principal Certifying Authority must be satisfied that ‘A’ above has been complied with.

28. Building Ventilation To ensure adequate ventilation for the building:

A. Design The building mechanical and / or natural ventilation systems must be designed, in accordance

with the provisions of:

i) The Building Code of Australia;

ii) AS 1668 Part 1 - 1998;

iii) AS 1668 Part 2 - 1991;

iv) The Public Health Act - 2010;

v) The Public Health Regulation 2012;


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vi) AS 3666.1 - 2002;

vii) AS 3666.2 - 2002; and

viii) AS 3666.3 - 2000.

B. Before Construction Details of compliance with the above must form part of the documentation accompanying the


C. Before Occupation i) Certification must be provided by a qualified mechanical ventilation engineer that the

installation of the ventilation system has been carried out in accordance with ‘A’ above.

ii) Occupation of the premises must not occur until a registration application has been

submitted to Council's Environment and Health Regulation Department for any cooling

tower / warm water system

D. Ongoing The ventilation system must be operated and maintained in accordance with ‘A’ above.

29. Car-Park Ventilation - Alternate System To ensure adequate ventilation for the car park:

A. Design If the basement car-park does not appear to comply with the natural ventilation requirements of

Section 4 of Australian Standards AS1668.2 -1991, the car-park must be either mechanically

ventilated by a system complying with AS1668.2 -1991 or alternatively, the natural ventilation

system must be certified by a qualified mechanical ventilation engineer to the effect that the

system is adequate. The certification shall confirm that the system will protect the health of

occupants of the car park at anytime it is used and satisfies the atmospheric contaminate

exposure rates specified in the Worksafe Australia document: Workplace Exposure Standards

for Airborne Contaminants.

B. Before Construction Details of compliance with ‘A’ above must form part of the application for a Construction

Certificate.

C. Before Occupation Certification must be provided by a qualified mechanical ventilation engineer that the




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30. Demolition Work To ensure that demolition of structures is carried out in an environmentally acceptable and safe

manner:

A. Before Commencement If works involve the removal of more than 10 square metres of asbestos material, a bonded

asbestos licence is required. A friable asbestos licence is required to remove, repair or disturb

any amount of friable asbestos. For further information contact the NSW Workcover Authority.

B. During Works i) The demolition of the existing building must be carried out strictly in accordance with

Australian Standard 2601 - The Demolition of Structures.

ii) The applicant must ensure that the demolition contractor has a current public risk

insurance coverage for a minimum of $5 million. A copy of the Policy must be submitted

to the Council prior to demolition.

To ensure that the removal and transportation of any asbestos material, regardless of the

quantity, is carried out in an environmentally acceptable and safe manner, all work must comply

with the following:

a) Work Health and Safety Act 2011;

b) Work Health and Safety Regulation 2011;

c) Safe Work Australia Code of Practice - How to Manage and Control Asbestos in the

Workplace;

d) Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)];

e) Workcover NSW ‘Working with Asbestos - Guide 2008’;

f) Protection of the Environment Operations Act 1997; and

g) Protection of the Environment Operations (Waste) Regulation 2005.

Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW EPA to

accept asbestos waste. Any asbestos waste load over 100kg (including asbestos contaminated

soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting

tool WasteLocate. More information can be found at <https://wastelocate.epa.nsw.gov.au>.

31. Design Requirements for Adaptable Housing A. Design A report prepared by a suitably qualified Adaptable Housing Specialist must be submitted with

the Construction Certificate, demonstrating that the development complies with the

requirements of AS4299 - Adaptable Housing. The report must contain a completed checklist

(Appendix A - AS4299) demonstrating compliance with the requirements of a Class C

Adaptable House.


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32. Verification of Design for Construction - SEPP 65 A. Design Design verification must be provided by a registered Architect pursuant to SEPP 65 stating that

the design intent approved by the Development Consent has been maintained in the building /

architectural plans submitted with the Construction Certificate. This must accompany the


B. Before Occupation Prior to the issue of the final Occupation Certificate design verification must be provided in

accordance with SEPP 65.

33. BCA Assessment Report A. Before Construction The recommendations of the Building Code of Australia Assessment Report prepared by

Blackett Maguire + Goldsmith 18th May 2016, and the Accessibility Design Review prepared by

ABE Consulting job number 6104, 19th May 2016, must be complied with and must accompany


34. Certification Requirement of Levels A. During Construction At the following stages of construction:

i) Prior to the pouring of each floor or roof slab,

ii) Upon completion of the roof frame.

iii) Prior to the pouring / installation of the swimming pool shell

A registered surveyor must provide the Principal Certifying Authority with Certification that the

stage of structure complies with the development consent in respect of levels.

B. Before Occupation The certification referred to above must form part of the application for an Occupation

Certificate.

35. Sydney Water Requirements & Section 73 Compliance Certificate A. Before Any Works Prior to the commencement of any works on site, including demolition or excavation, the plans

approved as part of the Construction Certificate must also be approved by Sydney Water. This

allows Sydney Water to determine if sewer, water or stormwater mains or easements will be

affected by any part of your development. Customers will receive an approval receipt which

must be included in the Construction Certificate documentation.

Please refer to the web site www.sydneywater.com.au.


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B. Before Occupation / Subdivision Certificate Prior to the issue of an Occupation Certificate or a Subdivision Certificate a Compliance

Certificate under Section 73 of the Sydney Water Act, 1994, must be submitted to Council by

the Principal Certifying Authority. Sydney Water may require the construction of works and/or

the payment of developer charges. This assessment will determine the availability of water and

sewer services, which may require extension, adjustment or connection to the mains.

Sydney Water Advice on Compliance Certificates: Sydney Water will assess the development and if required will issue a Notice of Requirements

letter detailing all requirements that must be met. Applications can be made either directly to

Sydney Water or through a Sydney Water accredited Water Servicing Coordinator. Please

make early contact with the Coordinator, since building of water / sewer extensions can be

time-consuming and may impact on other services as well as building, driveway or landscaping

design.

Go to www.sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying

through an authorised WSC or Sydney Water.

36. Dial Before You Dig A. Before Construction Underground assets may exist in the area that is subject to your application. In the interests of

health and safety and in order to protect damage to third party assets please contact Dial

Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting

structures (this is the law in NSW).

It is the individual’s responsibility to anticipate and request the nominal location of plant or

assets on the relevant property via contacting the Dial before you dig service in advance of any

construction or planning activities.

37. Noise Control and Permitted Hours for Building and Demolition Work A. During Works To minimise the noise impact on the surrounding environment:

i) The LAeq sound pressure level measured over a period of 15 minutes when the

construction or demolition site is in operation, must not exceed the ambient background

level (LA90 15min) by more than 10dB(A) when measured at the nearest affected

premises.

ii) All building and demolition work must be carried out only between the hours of 7.00am

and 6.00pm Monday to Friday inclusive, 8.00am and 3.00pm Saturdays. No work must

be carried out on Sundays and Public Holidays.


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premises.




Only for the purpose of pouring large floor or roof slabs, work may be carried out on the site

from 7.00am to 8pm Monday to Friday, excluding Public Holidays on a week day.

In order to activate the extended hours of operation both Council and affected neighbours must

be notified a minimum of 48 hours prior to commencement. Affected neighbours include those

in the immediate vicinity, adjacent or adjoining the development site. Notification must be by

way of written advice including:

• Date/s the extended hours will be utilised.

• The purpose of the extended hours - pouring large slab.

• Address of the development works / site.

• Contact name and number of appropriate site officer (supervisor or manager) for

enquiries.

Notification to Council must include a copy of the letter and a map or list identifying those

affected neighbours who have been notified.

39. Toilet Facilities A. During Works Toilet facilities must be available or provided at the work site at a ratio of one toilet plus one

additional toilet for every 20 persons employed at the site before works begin and must be

maintained until the works are completed.

Each toilet must:

i) be a standard flushing toilet connected to a public sewer, or

ii) have an on-site effluent disposal system approved under the Local Government Act 1993,

or

iii) be a temporary chemical closet approved under the Local Government Act 1993


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40. Street Numbering and Provision of Letter Box Facilities A. Before Occupation i) Street / unit numbers must be clearly displayed.

ii) Suitable letterbox facilities must be provided in accordance with Australia Post

specifications.

iii) The Stratum must have the following street address format: proposed stratum lot one shall

be No.14 Wandella Road Miranda, proposed stratum lot two shall be No.1 Penprase Lane

Miranda and proposed stratum lot three shall be No.3 Penprase Lane Miranda.

Note: Stratum Lot one known as the Aldi Supermarket site, Stratum Lot two known as the

RSL carpark and Stratum Lot three known as the Residential Flat Building site.

41. Car Parking Allocation A. Before Subdivision Car parking must be allocated to individual unit / commercial entitlement on the following basis:

i) Each tandem parking bay must be allocated to a single dwelling.

ii) One Bedroom / Studio dwellings must be allocated a single parking bay (total 31 bays).

iii) Two and 3 Bedroom dwellings must be allocated 2 parking bays (total 52 bays).

iv) To accommodate the required residential spaces in ii) and iii) above, 22 parking bays

shall be provided on Level 2

v) The gymnasium shall be allocated 24 parking bays.

vi) All parking bays on the “Undercroft Level” shall be allocated to Stratum Lot 1 (ALDI

Supermarket) comprising a total of 85 bays.

vii) All other parking bays shall be allocated to the Miranda RSL Club (total 81 bays).

B. Ongoing i) The car-parking provided must only be used in conjunction with the dwellings and

commercial enterprise contained within the development and the Club facilities at No.615

Kingsway Miranda.

ii) To ensure that the car parking area satisfies the demands of the development, the

carpark must be made available on an unrestricted basis and free of charge at all times

for employees', tenants and owners vehicles pertinent to the development.

Note 1: This condition will require the allocation of approximately 22 parking bays for the

residential flat building, upon Level 2.

Note 2: Stratum Lot 1 will be known as the Aldi Supermarket site. Stratum Lot 2 will be known

as the RSL carpark and Stratum Lot 3 will be known as the Residential Flat Building

site.


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42. Loading and Unloading To preserve the amenity and ensure the safety of the public:

A. Ongoing All loading and unloading of vehicles must be carried out within the site and not from the public

roadway. All service/delivery vehicles must enter and leave the site in a forward direction.

END OF CONDITIONS Attached are the prescribed conditions that must be complied with under the Environmental Planning

and Assessment Regulations 2000.


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PRESCRIBED CONDITIONS Division 8A of the Environmental Planning and Assessment Regulation Prescribes the following

conditions of development consent

S98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in

relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that

such a contract of insurance is in force before any building work authorised to be carried

out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development

consent for a temporary structure that is used as an entertainment venue, that the temporary

structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of

Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which

subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in

force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an entertainment

venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect of temporary

structures that are not entertainment venues.


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S98A Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are

prescribed as conditions of a development consent for development that involves any building

work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision

work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for

the work, and

(b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work

is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that

is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance

with section 109R of the Act, to comply with the technical provisions of the State’s building

laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building

work, subdivision work or demolition work involved had not been commenced by that date.

Note. Principal certifying authorities and principal contractors must also ensure that signs required by

this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty

of $1,100).

S98B Notification of Home Building Act 1989 requirements (1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed

as conditions of a development consent for development that involves any residential building

work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be

carried out unless the principal certifying authority for the development to which the work

relates (not being the council) has given the council written notice of the following information:

(a) the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,


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(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the

number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date, further work

must not be carried out unless the principal certifying authority for the development to which the

work relates (not being the council) has given the council written notice of the updated

information.



laws.

S98E Condition relating to shoring and adequacy of adjoining property (1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development

consent that if the development involves an excavation that extends below the level of the base

of the footings of a building on adjoining land, the person having the benefit of the development

consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation,

and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the

development consent owns the adjoining land or the owner of the adjoining land has given

consent in writing to that condition not applying.

Please be advised if this consent is for an entertainment venue, then there are further prescribed conditions that apply under clauses 98C and 98D of the Environmental Planning and Assessment Regulation.


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Amanda Treharne - 9710 0462 File Ref: PAD16/0027

3 May 2016

Miranda Central Pty Ltd L5 131 Macquarie St SYDNEY NSW 2000

Dear Sir/Madam

Pre-Application Discussion No. PAD16/0027 Proposal: Proposed extension to Aldi supermarket Property: 14 Wandella Road, Miranda, 16 Wandella Road, Miranda

Council refers to the pre-application meeting (PAD) held on 5 April 2016 regarding the above development proposal. Carine Elias (Team Leader), Amanda Treharne (development assessment officer), David Jarvis (Architect) and Stevie Medcalf (Landscape Architect) attended the meeting on behalf of Council. The following people attended on behalf of the applicant:

Kim Shmuel (planning consultant) Harry Quartermain (planning consultant) John Innes (applicant) Jonn Moss (applicant) Linda Huynh (Architect) Craig McClaren (traffic consultant)

The purpose of this letter is to provide a summary of the issues discussed at the meeting and provide information that will assist you should you proceed with preparing a development application (DA). Council cannot provide you with certainty on the determination of the proposal until a DA has been lodged and assessed.

Your DA will need to be supported by a Statement of Environmental Effects addressing all relevant Environmental Planning Instruments, and the detailed planning controls contained in Council’s Draft Development Control Plan 2015 (DSSDCP 2015).

The Site and Proposal:

The site is located on the northern corner of Wandella Road and Penprase Lane, Miranda. The site is approximately 3,780m2 and is legally described as Lots 1 and 2 in DP 1153094.

Administration Centre 4-20 Eton Street, SutherlandNSW 2232 Australia

Please reply to: General Manager, Locked Bag 17, Sutherland NSW 1499 Australia

Tel 02 9710 0333 Fax 02 9710 0265 DX4511 SUTHERLAND Email [email protected] www.sutherlandshire.nsw.gov.au

ABN 52 018 204 808

Office Hours 8.30am to 4.30pm Monday to Friday


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Please reply to: PHONE (02) 9710 0333 DX4511 SUTHERLAND LOCKED BAG 17 SUTHERLAND NSW 1499 AUSTRALIA ABN 52 018 204 808 ADMINISTRATION FAX: (02) 9710 0265

The site is currently developed by way of a part 2, part 3 storey building which comprises the following:

ALDI supermarket and associated car parking with frontage to Wandella Road. The supermarket is at ground level, with undercroft car parking for 87 spaces below and to the north in an open air car park. Vehicle access to the ALDI car park is obtained via Wandella Road. Pedestrian access to the supermarket is obtained via a ramp from the car park below or via a set of stairs on the corner of Wandella Road and Penprase Lane.

Car parking for the Miranda RSL Club approximating 135 spaces across 3 levels (including 80 spaces on the roof). The Miranda RSL Club itself is located on the southern side of Penprase Lane and fronts the Kingsway. Vehicle and pedestrian access to the car park is obtained via Penprase Lane.

A gymnasium and associated car parking made available by Miranda RSL. The site is centrally located within the Miranda commercial precinct and is surrounded to the north, south and east by a mix of commercial and retail outlets as well as numerous residential flat buildings. To the west on the opposite side of Wandella Road is Port Hacking High School. The development proposal comprises three key components namely;

Alterations and additions to the ALDI supermarket and car park area comprising approximately 80m2 of floorspace and the provision of 3 additional car spaces.

The construction of a five storey residential flat building on the eastern part of the roof of the existing building. A total of 57 apartments are proposed.

The construction of two additional levels of car parking on the western part of the roof of the existing building. This will provide the necessary car parking for the new apartments.

The resultant development in conjunction with the existing building will comprise approximately 6,770m2 of gross floor area (GFA) resulting in a total FSR of 1.8:1. The proposed new upper levels of car parking and the residential apartments will be accessed via the existing RSL car park entry in Penprase Lane. The Wandella Road entry to the ALDI car park and supermarket will remain separate from the proposed residential development, with no access to the residential apartments from the eastern side of the building. The property is within Zone B3 Commercial Core under the provisions of Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015). The proposed alterations to the commercial premises and construction of a residential flat building are permissible forms of development within this zone. As the proposal entails a residential flat building, the provisions of State Environmental Planning Policy No. 65 (SEPP 65) and the associated Apartment Design Guide (ADG) are applicable.


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Comments on the Proposal: The following comments are provided in respect to the concept plans presented for consideration at the meeting. 1. Site Planning and Building Design

The siting of the proposed building on the roof of the existing car park is somewhat anomalous from an urban design point of view. It is understood that the reasons driving the current building location relate to structural stability of the existing building and the fact that ALDI wish to retain visual prominence on the Wandella Road frontage. This is not sufficient reasoning for the siting of the new building and any DA submission should be accompanied by a thorough urban design analysis of the site with reference to the Design Quality Principles set out in SEPP 65. In this regard, it is recommended that the draft proposal be considered by Council’s Architectural Review Advisory Panel (ARAP) prior to DA lodgement. ARAP will want to see the design process and how it was developed to reach the subject proposal and whether any other built form alternatives were considered. Other matters of concern which need to be raised with respect to the proposed new flat building relate to the height breach. Unless contextually appropriate and with minimal environmental effect, no consideration will be given to a breach of the 25m maximum height development standard. The treatment of the proposed Wandella Road frontage of the building needs to be further considered. The proposed parking levels, whilst setback from the edge of the existing parapet, would still be widely viewed from across the road and the Port Hacking High School grounds. Concern is also raised with respect to the proposed non-compliance with the ADG setback requirements on the northern side of the building. There are five levels and 10 apartments with windows in the northern elevation. Given the proximity of the existing flat building to the north, a detailed analysis of this building would need to be submitted with the DA showing how amenity concerns and privacy issues are addressed for those residents and future residents of the subject development. Further analysis needs to be given to the Penprase Lane setback of the proposed flat building. Concern is raised as to the amenity of the units with bedroom windows on the boundary. The proposed bathrooms for these units should contain windows to enable natural light and ventilation. Concern is raised with the location of the proposed new levels of car parking directly adjacent the balconies and private open space of the proposed apartments on Levels 3 and 4 in terms of the impact on residential amenity for future occupants (noise and fumes). This is exacerbated by the fact that these are single oriented apartments, with their only outlook towards the car park. As a minimum an Acoustic Report and an Air


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Quality Report should be submitted from suitably qualified professionals with respect to this aspect of the design. In terms of the internal design of the proposed flat building, concern is raised with respect to the circulation space on each floor and the single orientation for all of the apartments. It is questionable that these apartments can meet the natural ventilation requirements of the ADG. The proposed non-compliance with the ADG solar access requirements (40% instead of the minimum 70%) is also not supported. The means of pedestrian entry to the site at ground level (in Penprase Lane) and the treatment of this area is important not only from a pedestrian safety point of view but also in terms of the urban design treatment of the space. A CPTED Report will be required to be submitted with the application, addressing this aspect of the development, along with the other key principles. Any future DA proposal will need to address the operational requirements of the site (both existing and proposed) given the mixed use nature of the proposal. This should address pedestrian and vehicle access; loading and unloading; hours of operation; waste storage and collection; maintenance of the building with respect to proposed landscaping. Council will not grant approval for balconies to overhang the public way. The development should be contained entirely within the boundaries of the site. 2. Development Application Timing As recommended at the Pre-DA meeting and in Point 1 above, you have lodged an application for a pre-DA ARAP Meeting. This meeting is to be held in May. Minutes from the ARAP meeting are usually provided to you a fortnight or so after the meeting. These Minutes should be used to inform your final DA proposal. 3. Landscape Matters A conflict exists between the location of the private open spaces facing west and the car parking on levels 3-4. Noise pollution, fumes, odour and poor solar access have the potential to make the private open spaces undesirable. Perhaps locating the residential component to the western side of the building and using the communal open space as a buffer would be a more viable solution. The montages provided to council during the PAD meeting depict lush green buffers directly between the car park and private open space to Levels 3-4. This would appear to be part of a solution to resolving amenity issues however on plan these planters do not exist and those that have been provided would not support anything substantial. The applicant must ensure all montages reflect the proposals present on plan.

Access to the communal open space located on the eastern side of the building is indirect and undesirable. It would be better if direct access was provided from a central hall/in close proximity to the lift.


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Amenities such as an all-weather covered area, BBQ/ kitchen facilities, furniture and toilet as recommended in the Apartment Design Guide (Objective 3D-2), should be provided to make the space useful and sociable (Refer to ARAP16/0012 Landscape Drawings). The proposed ‘greening’ of the walls of the existing car park and parts of the new additional levels of car parking on the roof is encouraged. Full details of the means of achieving this, including the on-going maintenance of the green walls must be submitted with any DA proposal. Where planting is proposed on podium the planter boxes must be designed and constructed to contain a minimum soil depth of:

-450mm for grasses & groundcovers -600mm for shrubs -900mm for small trees -1200mm for large trees

A less rigid approach to landscape that reflects the local biodiversity and indigenous plant form and character of the Sutherland Shire is encouraged. This can be achieved through irregular spacing and intermixing of canopy trees and understorey species. Where possible the use of indigenous species that are suited to the microclimate are encouraged. Species can be selected online using SSC’s Native Plant Selector. 4. Engineering A drainage plan prepared by a suitably qualified engineer must accompany any future DA. No issue is raised with utilising the Roads and Maritime Services (RMS) Guide to Traffic Generating Development in terms of the number of parking spaces for the residential component as the site is within 800m distance of Miranda railway station. The Traffic Report submitted with the application must address the overall provision of car parking for the RSL and gymnasium (if proposed to change as part of the proposal) and the access to parking for each of the different uses. As a minimum a parking allocation plan should be submitted with any DA proposal. As raised above a key concern with the proposal is pedestrian access to the residential apartments from street level. There is a disconnect between Penprase Lane and the location of the residential apartments commencing on Level 3. This should be addressed in the Traffic Report. The proposed car park must also be designed to comply with AS2890.1. The available queuing length into Pemprase Lane was an issue with the recent DA (15/0466) for the boom gates to the entrance to the RSL car park. This matter should be revisited as part of the DA given the additional vehicle movements for the residential component.


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Another key aspect of the proposal which must be addressed is residential waste storage and collection. Please refer to draft SSDCP 2015 Chapter 21.17.2 for waste management requirements. Utilities and Infrastructure You are advised to make enquiry early with the various infrastructure and utility providers to ensure relevant considerations for the provision of services have been taken into account early in the building design. Urban infrastructure and utilities are reaching, or have reached maximum capacity in some localities. Electricity substations are required on occasion to ensure sufficient power to buildings and to meet flow requirements for sprinkler systems; NSW Fire has required substantial water tanks in other instances. Infrastructure to support these requirements will not be approved at the expense of landscaping or parking requirements. Conclusion: The existing site already comprises three different uses, each with its own allocated car parking. The proposal to construct a five storey residential flat building and two additional levels of car parking on top of the existing building introduces a further use, being that of residential apartments. A key aspect of the proposal will be the operational constraints of these existing uses in the context of ensuring a high level of residential amenity. Concern is expressed at the siting of the new flat building, to the east of the site, rather than to the west, where it could present to Wandella Road and have an outlook over the grounds of Port Hacking High School, rather than across the roof of a new car park. An urban design analysis as to the most appropriate location for the new flat building having regard to the most desirable built form outcomes, the location of neighbouring buildings, and future residential amenity for occupants of the new building must be submitted with any DA for the site. The proposed design of the new flat building abutting two levels of car parking, along with the other design matters raised in this correspondence must be given further consideration to ensure residential amenity for future residents is not compromised. It is important to note that the information provided in this letter is based on the planning instruments applicable at the time of writing. You should make yourself aware of any subsequent changes to legislation or local planning controls before lodging your development application. For detailed information about how to prepare and lodge a development application, please refer to the "Development" section of Council's website (www.sutherlandshire.nsw.gov.au). Please make an appointment with Council’s Development Enquiry Officers on 9710 0520 when you are prepared to lodge your application. Requests for appointments can also be made via Council’s website.


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http://www.sutherlandshire.nsw.gov.au/

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Please contact Council if you believe any of the above information to be incorrect or if you need clarification of the advice provided. Your initial point of contact should be Amanda Treharne (9710 0462) as this is Council’s development assessment officer who will most likely be responsible for the assessment of your DA. Yours faithfully Mark Adamson Manager – Projects and Development Assessment


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PLN037-17 PROPOSAL: IHAP014-17 - DEMOLITION OF EXISTING SHOPS AND DWELLING AND CONSTRUCTION OF A MIXED USE DEVELOPMENT CONTAINING 5 COMMERCIAL AND 19 RESIDENTIAL UNITS - PRINCES HIGHWAY, SYLVANIA

PROPERTY: LOT 11 DP 650961, LOT 12 DP 658248, LOT 9 DP 655700, LOT 1 DP 726419, (NOS. 222-228) PRINCES HIGHWAY, SYLVANIA

APPLICANT: NELSON FERREIRA FILE NUMBER: DA16/0377

Attachments: Appendix A, Appendix B, Appendix C and Appendix D

EXECUTIVE SUMMARY

• This application was referred to the Independent Hearing and Assessment Panel (IHAP) as the

proposal sits outside the limit of staff delegations.

• The application is for demolition of existing shops and dwelling and construction of a mixed use

development containing five commercial tenancies, and three floors of residential units (16

dwellings) above. To the rear of the site there is a 6m wide right of carriageway and along this

carriageway at the south-eastern part of the site three townhouses are proposed. The basement

level of car parking will be accessed via this right of carriageway, from the Princes Highway.

• A central courtyard is proposed as common open space with areas for seating and landscaping.

• The subject site is located on the eastern side of the Princes Highway, Sylvania, and is zoned

B1 Neighbourhood Centre pursuant to the Sutherland Shire Local Environment Plan 2015. It is

set amongst an existing neighbourhood centre which faces the Princes Highway, and contains a

variety of retail, commercial and services premises. The existing height of this centre varies

from one to two storeys. To the rear of the site is low scale residential development, as is

across the Princess Highway to the west.

• On the subject site is an existing restaurant (222 Princes Highway), a pool shop (224-226

Princess Highway) and a tile shop (228 Princes Highway).

ASSESSMENT OFFICER’S RECOMMENDATION THAT: 1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to height satisfies the relevant provisions of

Clause 4.6 and is therefore supported. It is recommended that the provisions of Clause 4.6 be

invoked and that the Height of Buildings development standard be varied to 14 metres, in

respect to this application.


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2. Pursuant to the provisions of Section 80 of the Environmental Planning and Assessment Act,

1979, Development Application No. 16/0377 for demolition of existing shops and dwelling and

construction of a mixed use development containing 5 commercial and 19 residential units at

Lot 11 DP 650961, Lot 12 DP 658248, Lot 9 DP 655700, Lot 1 DP 726419 (Nos. 222 - 228)

Princes Highway, Sylvania, is determined by the granting of development consent subject to

the conditions contained in Appendix “A” of this report.


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IHAP COMMENTARY Extract from the Report of the Meeting of the Independent Hearing and Assessment Panel, held on Wednesday, 19 April 2017, commencing at 6:00pm, in the Council Chambers, Level 2, Administration Building, 4-20 Eton Street, Sutherland

PRESENT: Charles Hill (Chairperson/Expertise in Planning), Erica Marshall-McClelland (Expertise in

Traffic & Transport, Planner & Registered Architect), Larissa Ozog (Expertise in Town Planning) and

Craig McCallum (Community Representative with Expertise in Traffic).

Staff in attendance was the Acting Manager Major Development Assessment (Carine Elias).

*** Disclosures of Interest File Number: 2016/260430 There were no disclosures of interest declared.

…………………

Ms Kypriotis; Messrs Mansour and Turner and a written submission in lieu of an apology from Mr Lawerence on behalf of the Objectors, and Mr Couvaras and Ms Perry, on behalf of the Applicant, addressed the Panel regarding this matter. IHAP RECOMMENDATION:

THAT:

1. Pursuant to the provisions of Clause 4.6 of Sutherland Shire Local Environmental Plan 2015,

the written submission in relation to the variation to height satisfies the relevant provisions of

Clause 4.6 and is therefore supported. It is recommended that the provisions of Clause 4.6 be

invoked and that the Height of Buildings development standard be varied to 14 metres, in

respect to this application.

2. Pursuant to the provisions of Section 80 of the Environmental Planning and Assessment Act,

1979, Development Application No. 16/0377 for demolition of existing shops and dwelling and

construction of a mixed use development containing 5 commercial and 19 residential units at

Lot 11 DP 650961, Lot 12 DP 658248, Lot 9 DP 655700, Lot 1 DP 726419 (Nos. 222 - 228)

Princes Highway, Sylvania, is determined by the granting of development consent subject to the

conditions contained in Appendix “A” of the report with the following amendments:


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a) Condition 4A(ii) to be deleted and amended as follows:

“Ground Level car parking Space 03 shall be deleted, and replaced with a 1.5m wide

pedestrian walkway and new opening (adjacent to the stairs providing access to

Townhouse No. 3) that will provide direct access from these two spaces through to the

area of communal open space. Car parking spaces 04 and 05 shall be redesigned to be

two larger car parking spaces.”

b) Condition 4A(iii) be amended as follows:

“Signage shall be erected on the internal wall above spaces G01 and G02 to ensure that

persons parking in those spaces, park rear to the wall, to ensure that vehicles exit in a

forward direction.”

c) Addition of the following condition at 18A (iv):

“Longitudinal Sections be provided along the car park ramp and gradients to comply with

AS2890.1-2004.”

d) Condition 35C to be amended by deletion of the words Construction Certificate, and

replaced with the words “Occupation Certificate”.

e) Addition of the following new condition:

“Preparation of a Construction Traffic Management Report and Construction Traffic

Management Plan which is to be prepared by a suitably qualified person who holds RMS

Accreditation-Prepare Work Zone Traffic Management Plan. The report is to consider the

potential impacts of construction traffic and the parking of workers cars, the management

of pedestrians across the footpath along Princess Highway and demonstrate the vehicle

routes for heavy vehicles to and from the site during construction avoiding school zone

times. The Plan needs to be comprehensive and ensure that there are suitable measures

and methods that can be adopted to ensure that traffic from construction vehicles and

parking is managed appropriately and reduces any potentially adverse impacts and

conflicts to the residents along Sylvan Street.”

f) Addition of the following new condition:

“The balcony areas to the main bedroom of Units 3 and 4 be indented further to reduce

the main bedroom size by 500mm in order to achieve a compliant window opening or to

match the balconies above.”

PANEL COMMENTARY: Site Visit

The Panel attended the subject site at 222 - 228 Princes Highway, Sylvania

Presentations to Panel at the Public Meeting

On behalf of the objectors, Ms Kypriotis; Messrs Mansour and Turner, discussed the main issues

related to privacy, impact upon outlook, access, parking and traffic, over development, bulk scale and

height, overshadowing, landscaping, height of the building and setback separation and permissibility.


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The Applicants in a written submission, and as outlined in their presentation, accepted the design

conditions 2, 4A I, and questioned conditions 4a.

Consideration of Issues

The Panel was satisfied that the Council’s assessment report had addressed all the issues that have

been raised. In respect to permissibility, despite the planning report referring to residential apartments

which could assume the proposal is an RFB and therefore prohibited in the zone, the Panel are

satisfied that the development is classified as “shop top housing” and the townhouses at the rear

classified as “multi-dwelling housing” which are both permissible uses in the zone.

In respect to height, the Panel are satisfied that the site presents a number of constraints, the main

being the large dedication of land as a right of access at the rear. As the floor space complies with

Council’s controls and given the large rear dedication, the most suitable location of the floor space is

at the front of the site facing Princes Highway. The additional level is setback some distance from the

lower levels and is also setback some distance from the rear. Additional height to a main arterial road

is considered the appropriate placement for this floor space.

Concerns were however raised by the local residents in particular about construction traffic around

Princess Highway and Sylvan Street.

The Panel were of the view that one way to address this issue is to request a Construction Traffic

Management Report and Construction Traffic Management Plan which is to be prepared by a suitably

qualified person who holds RMS Accreditation-Prepare Work Zone Traffic Management Plan. The

report is to consider and suggest a number of measures that will reduce any potential conflicts and

control the movement of traffic around the site. In particular, construction traffic and the parking of

workers cars, management of pedestrians across the footpath along Princess Highway and the report

should demonstrate and outline the vehicle routes for heavy vehicles to and from the site during

construction avoiding school zone times. This has not been covered in the conditions but should be

included.

Another issue raised at the meeting concerned the small bedroom window opening sizes to Unit 3 and

Unit 4. The balcony to the main bedroom could be indented further to reduce the bedroom size by

500mm in order to achieve a compliant window opening or to match the balconies above.

The Panel also considered the need for Longitudinal Sections should be provided along the car park

ramp and gradients to ensure compliance with AS2890.1-2004 to be included as part of condition 18.

Reasons for Variation from Council Officer’s Recommendation

The applicant had made a late submission seeking support for a number of minor changes. The Panel

noted those in relation to Condition 4.A.i. and 4.A.iv related to changes in the design and which were

in agreement with Council’s assessment.


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In relation to Condition 4.A.ii. - the applicants noted that any changes to the car parking proposed in

the planners report would require the building to be raised 200 mm. The Panel disagreed with this and

has proposed that car parking space 03 be deleted and that the other two remaining car parks 04 and

05 be expanded to make two car spaces removing the necessity to increase the building height and to

provide a pedestrian access next to the original parking space 03 to the community public open space.

The Panel believe it will not necessitate the raising of the building 200 mm as suggested by the

applicant. The panel felt that the provision of disabled spaces along this part of the site at the rear is

not convenient and ideal. These spaces should be provided in the basement directly adjacent to the

lift. As such it was not considered the best solution to provide an additional disabled space in lieu of

spaces 03, 04 and 05.

In relation to Condition 4.A.iii -the Panel agree that the site should be amended to ensure that cars

parked rear to the wall to enable front facing egress from the site.

The applicant also questioned Condition 3 which required RMS approval and Condition 12 which

required Council approval for public and associated roadworks. It was explained to the Panel as a

matter of process, the detailed CC plans for these works will be forwarded to the RMS for their

approval and subject to their approval, Council’s conditions in relation to this matter as indicated in

Condition 12 will then be imposed. This is apparently standard practice.

In replacement of Condition 35, the applicant indicated that the requirement should refer to the

occupation certificate rather than the construction certificate and the Panel has agreed to this matter.

One matter that the panel wanted to raise prior to the determination of the application was the legality

of the right of access at the rear. The Panel had insufficient information in relation to this matter and

therefore couldn’t confirm its status. The proposal has been designed to rely on the provision of a new

rear accessway that runs the length of the site, some 5.8-6m in width. The intention is that in the future

a laneway at the rear of most of these properties fronting Princes Highway is created and will provide

secondary access for service vehicles for loading/unloading etc. The intention and purpose of this is

reasonable as it will remove these activities from the primary road frontage (Princes Highway). The

Panel didn’t understand why other properties had not activated this accessway even if they weren’t

redeveloped. Many properties have fenced off all their rear yard area. The panel believe that if part of

the rear of these properties is designated “right of carriageway” or “right of access” and this is

acknowledged on their land titles this space needs to be made available for this purpose and cannot

become privatised. It is suggested that prior to determination Council evaluates the legality of the

situation and encourage activation of this space so that this development will initiate a formal

accessway that can link onto the rear area of adjoining properties especially the rear of No. 220

Princes Highway.

VOTES: 4:0


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ASSESSMENT OFFICER’S COMMENTARY DESCRIPTION OF PROPOSAL

The application is for demolition of existing shops, dwelling, and structures and construction of a

mixed use development containing five ground floor commercial suites and 16 units above the ground

floor commercial space; and three townhouses at the rear of the site.

The proposal in detail is as follows:

• Four storey mixed used development (ground floor commercial and three levels of shop top

housing) with a nil front setback along the Princes Highway frontage. This building contains the

main residential entry and five commercial suites (total 308.5m2 gross floor area) at ground

level; and 16 units across levels 1-3 (4x3 bedroom and 12x2 bedroom).

• 2x2 bedroom and 1x3 bedroom townhouses at the rear of the site, setback 6 metres from the

rear boundary, with five car spaces at ground level under the townhouses.

• A driveway off the Princes Highway provides vehicle access to a loading bay and one level of

basement parking via the rear of the site. The basement car parking includes parking for 36

vehicles, storage for the residential and commercial uses, lift access to the ground level and the

residential units.

• Communal open space at ground level.

A site plan is provided below.

Figure 1: Site Plan


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SITE DESCRIPTION AND LOCALITY

The subject site has an approximate area of 2150m2, is irregular in shape and has a curved combined

frontage of approximately 50m along the Princes Highway.

The site is located on the eastern side of the Princes Highway, Sylvania, and consists of four

allotments, 222, 224, 226 and 228 Princes Highway. All contain existing commercial/retail premises

and some parking at the rear. In addition to the commercial space at ground level, 228 Princes

Highway also contains a dwelling at the first floor level.

Adjacent to the rear of the site and across the Princes Highway to the west is low density residential

development. Further south along the Princes Highway the Zone B1 Neighbourhood Centre continues,

with various commercial premises, including an existing commercial and shop top housing

development on the corner of Holt Road and the Princes Highway.

The site also contains a right of carriageway, for the future dedication of land as a public road. The

right of way runs along the full width of the site along the rear boundary. This road is currently

unformed. This future road will service the mixed use developments and shop fronts from Holt Road to

No. 9 Sylvan Street for the purposes of loading and unloading of trucks, reducing the demand on the

Princes Highway.

An image of the right of way is provided below.

Figure 2: Right of Way


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A locality plan and an aerial photo are provided below.

Figure 3: Site Plan

Figure 4: Aerial

BACKGROUND A history of the development proposal is as follows:

• A pre-application discussion (PAD) was held on 5 August, 2015 regarding this development. As

a result of this a formal letter of response was issued by Council dated 17 August, 2015. A full

copy of the advice provided to the Applicant is contained within Appendix “C” of this report and

the main points contained in this letter are as follows:

- Permissibility;

- Parking and access;

- Activation of a rear laneway;


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- Density and height;

- Solar access and Private open space; and

- Provision of Adaptable housing.

• The current application was submitted on 1 April 2016.

• The application was placed on exhibition, with the last date for public submissions being 27

April 2016.

• On 16 September, 2016 Council requested final amendments to the proposal.

• All amended plans were lodged by 21 October, 2016.

ADEQUACY OF APPLICANT’S SUBMISSION

In relation to the Statement of Environmental Effects, plans and other documentation submitted with

the application or after a request from Council, the applicant has provided adequate information to

Council to enable an assessment of this application, including a written request to vary the height

development standard under clause 4.6 of Sutherland Shire Local Environmental Plan 2015.

PUBLIC PARTICIPATION

The application was advertised in accordance with the provisions of Chapter 41 of draft Sutherland

Shire Development Control Plan 2015 (draft SSDCP 2015). Council formally notified 21 adjoining or

affected owners of the proposal and 18 submissions were received.

As discussed above, Council contacted previous submitters on 24 October 2016 advising them of

amended plans. An additional four submissions were lodged as a result.

A full list of the locations of those who made submissions, the dates of their letters and the issue/s

raised is contained within Appendix “D” of this report.

MAJOR ISSUES The main issues identified are as follows:

• Privacy

• Impact upon outlook

• Access, parking and traffic

• Overdevelopment/Bulk/scale/Height

• Impact on property prices

• Overshadowing

• Noise

• Landscaping


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The issues raised in these submissions are as follows:

Issue 1: Privacy – loss of privacy from the shop top housing and from the townhouses to the dwellings

to the rear.

Comment: This is discussed in detail below in the Assessment Section.

Issue 2: Impact upon outlook.

Comment: As a result of the amended plans, three townhouses have been deleted from the scheme in

the north eastern portion of the site. Subsequently, a number of trees can now be retained on site,

including the Tallowood tree in this part of the site, addressing this concern. The landscape plan

identifies a number of trees to be planted on site; these plantings will also contribute to the vista of

trees along the skyline to address this issue.

The objection regarding the general impact upon outlook due to the height of the proposed building,

relates to a dwelling approximately 100 metres from the rear of the proposed shop top housing. Whilst

the height of the buildings is approximately 14m in height the use of materials and distance to the

objector’s property will reduce the visual impact from this dwelling.

Issue 3: Alternate access from the rear of the site should be provided using the right of carriage way.

Comment: This road has not yet been formalised. A right of way exists over the site, as can be seen in

Figure 2 above. Once this road has been formalised the site will have alternative access to the

proposed access from the Princes Highway.

Issue 4: The basement should be accessed from the front of the site, not the rear.

Comment: Access to the basement has been located at the rear of the site to allow for the future

opening of the right of way, see issue 3 above.

Issue 5: Insufficient Parking Onsite, impact upon on street parking in Sylvan Street.

Comment: The number of proposed car parking spaces complies with the parking requirements as

specified in Councils Draft Development Control Plan 2015. The entrance to the car park is adequate

as assessed by Council’s Traffic Engineer. There is a dedicated parking/loading bay for vehicles on

site.

Issue 6: Overdevelopment/Bulk/scale.

Comment: The applicant has submitted amended plans reducing the number of townhouses from six

to three. The number of dwellings within the building facing the Princes Highway has also decreased

(a number of the units were combined to make larger units). The applicant has located the bulk of the

development towards the front of the site to minimise the impact upon dwellings to the rear. A detailed

assessment of height has been undertaken below in the Assessment Section.


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The proposal complies with Floor Space Ratio controls, see Section 9.0 below. The proposal is also

consistent with the Principles of SEPP65 – see in the Assessment Section.

The common open space area is not compliant with the controls within the Apartment Design Guide

(ADG), however the space provided is satisfactory, and is a practical and useable space. A detailed

assessment has been undertaken in the Assessment Section.

Issue 7: Impact on property prices

Comment: Property values are not a matter which is typically taken into account in a planning

assessment, and no evidence has been provided to support this claim. However, issues which are

commonly understood to impact negatively on property prices, such as overshadowing, overlooking,

architectural quality, building bulk and scale and residential amenity are all assessed in detail in the

‘Assessment’ section of this report.

Issue 8: Traffic – concern was raised regarding increased traffic in Sylvan Street including construction

vehicles, safety of the exit and entrance from Princes Highway, and pedestrian safety along Holt Road

and Sylvan Street due to the increased traffic.

Comment: Amended plans have moved the vehicular access further south to that originally proposed.

Council’s Engineer has reviewed the access to the site and has deemed it acceptable. The Traffic

Engineer has also advised that the existing traffic measures are adequate, and no additional

measures are required either on Sylvan Street or the Princess Highway.

Issue 9: The proposal is inconsistent with Council’s LEP and DCP and the non-compliant height sets

precedent.

Comment: A detailed assessment has been undertaken below regarding compliance with the LEP and

Draft DCP (Assessment Section). There are a number of non compliances, including height, this has

been discussed further in Section 11.1 below. The applicant has submitted Clause 4.6 request

regarding height, an assessment has also been undertaken regarding this in the Assessment Section

below.

Issue 10: Overshadowing

Comment: The proposed development casts shadows to a portion of the rear private open space of

adjoining properties from 3pm in mid winter (15, 17, 19 and 21 Sylvan Street). The adjoining dwellings

to the rear, themselves, are not overshadowed. This has been discussed in detail below in the

Assessment Section

Issue 11: Noise – related to the increased number of dwellings and from the commercial use of the

site, including delivery vehicles.

Comment: A condition of consent will restrict hours of waste collection, as well as maintenance of the

site, including cleaning and landscaping.


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In terms of noise from future residents of the proposed development, the proposed dwellings “turn

their backs” on the existing dwellings at Sylvan Road. The private open space and living areas of the

shop top housing and townhouses face west towards the Princes Highway, away from the dwellings to

the rear.

Issue 12: Basement excavation will affect 21 Sylvan Street.

Comment: The basement will be setback a minimum of 6m from the rear boundary of 21 Sylvan Street

with some excavation for the rear driveway/ access along the boundary. A condition of consent will be

imposed that where the Principal Certifying Authority deems any additional dilapidation report as

necessary, one shall be submitted prior to the commencement of works on site.

Issue 13: Landscaping: There is an objection to the removal of a tree at 19 Sylvan Street, as well as

objections to loss of vegetation on the site.

Comment: The tree at 19 Sylvan Street is identified to be retained as per the landscape plans. The

Tallowood was identified for removal in the original plans submitted, this tree is now to be retained

with additional landscaping to occur across the site.

Issue 14: Waste Collection - the waste should be collected from the basement, not the Princes

Highway.

Comment: The original plans submitted with this application identified that waste was to be collected

from the Princes Highway. However the amended plans identify a waste pick up bay located on the

northern boundary within the site. Waste is no longer proposed to be collected from the Princes

Highway.

Issue 15: Security of the site and the rear properties.

Comment: A secure pedestrian access from the Princes Highway will be provided with a locked gate.

The driveway entrance at the Princes Highway frontage will have a secure gate/roller door. The rear of

each of the commercial tenancies will be secured with fence and gate system to prevent the access

from patrons to the remainder of the site. This will also provide a level of security to the dwellings at

the rear on Sylvan Street, by minimising the number of persons able to access the rear of the site.

Issue 16: Increased stormwater runoff as a result of the development.

Comment: The proposal has been assessed by Council’s Engineer who has assessed a number of

engineering matters, including stormwater. A number of conditions have been imposed to ensure that

the site is suitably drained and stormwater adequately disposed of.

Information Session

An Information Session was held on 7 June 2016 and 18 people attended.

Revised Plans

The applicant lodged a final set of amended plans by 21 October 2016.


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In accordance with the requirements of draft SSDCP2015 these plans were not publicly exhibited as,

in the opinion of Council, the changes being sought did not intensify or change the external impact of

the development. However, Council did contact the objectors to the original plans, advising them that

the amended plans were available to view.

STATUTORY CONSIDERATIONS The subject land is located within Zone B1 Neighbourhood Centre pursuant to the provisions of

Sutherland Shire Local Environmental Plan 2015. The proposed development, being a commercial

premises with shop top housing; and multi dwelling housing, are permissible land uses within the zone

with development consent.

The following Environmental Planning Instruments (EPIs), Development Control Plan (DCP), Codes or

Policies are relevant to this application:

• Sutherland Shire Local Environmental Plan 2015 (SSLEP 2015).

• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

• Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment.

• Draft Sutherland Shire Development Control Plan 2015 (SSDCP 2015).

• State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

(SEPP 65).

Section 94 and Section 94A

• 2005 Shire Wide Open Space & Recreation Facilities.

• 2003 Community Facilities Plan.

COMPLIANCE

The compliance table below contains a summary of applicable development standards and controls

and a compliance checklist relative to these:

Standard/Control Required Proposed Complies? (% Variation)

Sutherland Shire Local Environmental Plan 2015 Building Height 9m Commercial/ Shop top-

14.0m to the lift overrun

(highest point on the

building

Townhouses <9m

No – 56%

See discussion

below in Section

11.0

Yes

Floor Space Ratio 1:1 1:1 Yes


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Apartment Design Guide

Building

Separation: Up to 4

storeys (Levels 1-4)

Min. Separation from

buildings to side and rear

boundaries:

Up to 12m (4 storeys)

6m (habitable rooms/

balconies)

3m (non habitable rooms)

No separation is required

between blank walls.

If adjacent to a different

zone that permits lower

density residential

development, the setback

should be increased by

3m = 9m to the rear in this

case.

NA

Nil side setback, blank

walls to side.

22m

NA

Yes

Yes

Building

Separation:

Between building A

& B

L1-4

12m between buildings

Min 9m No – See Section

11.0 below for

assessment

Communal Open

Space

Communal open space

has a minimum area

equal to 25% of the site

(537m2)

Developments achieve a

minimum of 50% direct

sunlight to the principal

usable part of the

communal open space for

a minimum of 2 hours

between 9 am and 3 pm

on 21 June (mid winter)

370m2

No

167m2 or 31%

variation

No – See

Assessment below

in Section 11.0


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Solar access Living rooms and private

open spaces of at least

70% of apartments to

receive a minimum of

2hrs direct sunlight

between 9am and 3pm

mid winter

= 11 apartments

100% Yes

Natural ventilation At least 60% of

apartments are naturally

cross ventilated in the first

nine storey’s of the

building = 9.6 apartments.

100%

Yes

Ceiling heights Habitable rooms 2.7m

If located in a mixed use

area, 3.3m for the ground

and first floor

2.7m

3.7m

Yes

Apartment Size 1br bedroom – 50m²

2br Bedroom – 70m²

3br Bedroom – 90m²

*Where there more than

one bathroom the

minimum internal area

increases by 5m2

Yes Yes

Room Depth In open plan layouts

(where the living, dining

and kitchen are

combined) the maximum

habitable room depth is

8m from a window

Yes Yes

Room Design Master bedrooms = 10m²

Other Bedrooms = 9m²

Minimum Dimension = 3m

Living rooms or combined

living/dining to have a

minimum width of

Yes

Yes

Yes

Yes


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- 3.6m for studio and 1bdr apartments

- 4m for 2 and 3 bedroom apartments

Primary Balconies 2br = 10m² / depth 2m

3br = 12m² / depth 2.4m

Complies Yes

Storage 2br apartment = 8m3

3br apartment = 10m3

At least 50% of storage to

be located within the

apartments

Yes

No

No – see Section

11.0 below.

Deep Soil Zones 7% with minimum

dimension 3m. (150.5m2)

Yes 163m2

Yes

Sutherland Shire Development Control Plan 2015 – Chapter 11: B1 Neighbourhood Centre

4.2 Street setbacks Nil setback to the ground

floor commercial/retail

nil Yes

4.2 Side Setbacks Nil setback to side

boundaries

nil Yes

5.2 Building and

site layout

All loading, unloading and

manoeuvring of vehicles

shall take place within the

curtilage of the site, and

vehicles are to enter and

exit the site from a rear

laneway wherever possible

and in a forward direction

at all times

Yes Yes

6.2 Shop top

housing

Comply with SEPP65 and

ADG. Upper storey is

required to have the

minimum side and rear

boundary setbacks.

See ADG compliance

table above

6.2 Solar Access Living rooms and private

open spaces for at least

70% of residential units in

a development should

receive a minimum of 2

hours direct sunlight

between 9am and 3pm in

midwinter

Yes Yes


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6.2 Primary balcony Dwelling type Minimum

area Minimum depth

2 bedroom -10m2 – min

2m wide

3+ bdr apartments 12m2,

min 2.4m wide

Yes Yes

6.2 Storage Dwelling type /Storage

size volume

2 bedroom apartments/

8 m3

3+ bedroom apartments/

10m3

At least 50% of the

required storage is to be

located within the dwelling

and accessible from

circulation or living

spaces.

Yes Yes

Communal Open

Space

25% of the site –

minimum dimension 3m

(requirement 25%x

2150m2) = 537.5m2

370m2

(as per the ADG above)

167m2 or 31%

variation

No – See

Assessment below

in Section 11.0

7.2 Visual and

Acoustic Privacy

Residential development

within Road and Rail

Noise Buffer should

include noise and

vibration attenuation

measures. Refer to SEPP

(Infrastructure) 2007 and

the NSW Department of

Planning’s Development

near Rail Corridors and

Busy Roads –Interim

Guideline

An acoustic report has

been prepared for this

proposal

A condition of

consent will require

that the proposal be

constructed in

accordance with the

acoustic report.


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8.2 Adaptable and

Livable

- Developments of 6 or

more dwellings – 20%

adaptable (4 required)

-Developments of 6 or

more dwellings –10% of

dwellings (2 required).

4 Adaptable and 2

liveable

Yes

Car Parking Total minimum requirement= 32 Total Maximum Requirement= 48

Total proposed = 41 Yes

Note: the number of

parking spaces will

be reduced to 38 via

a condition of

consent in order to

address vehicular

movement along the

rear lane. This is

discussed below in

section 11.0.

Motor Cycle Parking

1 space per 25 car

spaces = 2

0 A condition of

consent will require

2 motorcycle spaces

SPECIALIST COMMENTS AND EXTERNAL REFERRALS

The application was referred to the following internal and external specialists for assessment and the

following comments were received:

Roads and Maritime Services (RMS)

The application was referred to the RMS who provided conditions to include in any consent.

Architectural Review Advisory Panel (ARAP) The application was referred to ARAP who provided the following comments on the original plans

submitted:

• Reduce the conflict between balconies and stairwells regarding the shop top housing.

• ARAP advised they are supportive of the height variation. ARAP consider it an acceptable scale

for the width of the road, the design of the main building with a breezeway/ separation providing

a visual separation.

• Secure communal open space to be provided for future residents.

• Remove courtyards to the townhouses and improve the entries to these dwellings.

• Reduce FSR (note - amended plans now show compliance with this control).


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• Retention of the Tallowood Tree and increase plantings to the common open space area,

including along the rear fence, to provide climbers to soften the appearance of the rear fence.

Traffic Engineer

The application was referred to Council’s Traffic Engineer who was in support of the proposal provided

that the car parking spaces are marked for residential and commercial use.

Landscape Architect

The application was referred to Council’s Landscape Architect who recommended some amendments

to the landscaping and provided conditions of consent.

Architect

The application was referred to Council’s Architect who advised that privacy screens should be

provided to the western elevation of the balconies for each town house.

Environmental Health

The application was referred to Council’s Environmental Health Unit who provided several conditions

of consent.

Engineering (Assessment Team)

The application was referred to Council’s Assessment Team Engineer who provided a number of

conditions of consent, including the deletion of five car spaces below the townhouses.

See discussion on parking in the Assessment Section below.

ASSESSMENT A detailed assessment of the application has been carried out having regard to the Heads of

Consideration under Section 79C(1) of the Environmental Planning and Assessment Act.

Height of Buildings Clause 4.3 of the SSLEP The townhouses at the rear of the site comply with the height requirement of 9m.

The proposed commercial and shop top housing component of the development fails to comply with

the development standard for height, as seen in the image below. Clause 4.3 (2) SSLEP 2015

stipulates a maximum height of 9 metres for this site. The proposed development has a height of 14

metres.


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Figure 5: Height of the proposed building at the Princes Highway frontage.

The relevant objectives of the height of buildings development standard set out in clause 4.3 (1) of

SSLEP 2015 are as follows:

(a) to ensure that the scale of buildings:

(i) is compatible with adjoining development, and

(ii) is consistent with the desired scale and character of the street and locality in which the

buildings are located or the desired future scale and character, and

(iii) complements any natural landscape setting of the buildings,

(b) to allow reasonable daylight access to all buildings and the public domain,

(c) to minimise the impacts of new buildings on adjoining or nearby properties from loss of views,

loss of privacy, overshadowing or visual intrusion,

(d) to ensure that the visual impact of buildings is minimised when viewed from adjoining

properties, the street, waterways and public reserves,

(e) to achieve transitions in building scale from higher intensity employment and retail centres to

surrounding residential areas.

The proposed development allows good daylight access to all buildings and the public domain. The

proposed development casts shadows to a portion of the rear private open space of adjoining

properties. However, adjoining dwellings to the rear, themselves, are not overshadowed by the

proposal.

Whilst overall the development is not currently compatible with adjoining development (in particular

with the dwellings to the rear), it represents the future desired character of this neighbourhood centre,

with commercial tenancies at ground level and shop top housing above. The development transitions

down in height and density with three townhouses and landscaping to the rear, adjacent to the low

density residential area.

The retention of the Tallowood tree maintains the existing landscape setting and residential amenity to

the residential properties to the rear, as well as minimising the visual intrusion to these properties. Any

direct view of the non-complying component will be largely obstructed by either the proposed

townhouses or the Tallowood.


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While the non-compliant portion of the building is at least 40m from the closest single dwelling and is

largely obstructed, in order to further address the visual impact from the rear, a condition of consent is

recommended so that top floor of the shop top housing is treated in such a way to minimise the

appearance through a design different to the levels below.

This has been achieved with the top level fronting the Princes Highway where the building has an

additional setback and alternate material treatment which assists with minimising the visual impact of

the additional height along the highway.

Overall the proposal is generally consistent with Clause 4.3 of the SSLEP 2015.

Zone objectives of the SSLEP The proposed development is located within Zone B1 Neighbourhood Centre. The objectives of this

zone are as follows:

Zone B1 Neighbourhood Centre

• To provide a range of small-scale retail, business and community uses that serve the needs of

people who live or work in the surrounding neighbourhood.

• To allow small-scale office uses that provide local employment opportunities and services for

residents.

• To allow residential accommodation while maintaining active retail, business or non-residential

land uses at street level.

• To provide for pedestrian-friendly and safe shopping designed to cater for the needs of all ages

and abilities.

The proposal provides an active street frontage through the provision of ground floor commercial

space, with the desired residential development above. The commercial tenancies will provide

employment opportunities to those in the local area; as well as access to new businesses and

services. The site will be easily accessed directly from the existing Princes Highway frontage,

including parking at basement level with lift access to the street.

The proposal is consistent with the zone objectives.

Clause 4.6 justification – Building Height The applicant has lodged a written request in accordance with the requirements of clause 4.6 of

SSLEP 2015m regarding the height of the building. The applicant provides the following justification

that there are sufficient planning grounds to justify the additional height (a full copy of this request is

on the file):


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“The proposal is consistent with this objective [Objective (a) of Clause 4.3] as it will not create any

adverse impacts on nearby properties...would likely improve the amenity of properties to the east

though enhanced protection from acoustic impacts created by traffic noise the Princes Highway has a

width that can easily accommodate a 4 storey building on the site. The building would not appear too

large or have an overbearing impact on the street scene…”.

“[Objective F of Clause 4.3] seeks to ensure transition between zones is established. The proposed

development concentrates the bulk of the development at the Princes Highway…the lower scale multi-

dwelling housing development (positioned at the interface with the residential zone). The proposed

development is therefore consistent with the objectives for maximum building height despite the

numeric non-compliance.”

“On "planning grounds" and in order to satisfy that the proposal meets objective 1 (b) of Clause 4.6 in

that allowing flexibility in the particular circumstances of this development will achieve "a better

outcome for and from development', it is considered that the proposal represents a building scale

which is compatible with the capacity of the site and the intended future character of the Sylvania

Neighbourhood Centre.”

“The alternative would be to remove upper level of the shop top housing building, however, the benefit

of amending the design in such a manner (no material built or natural environmental benefits) is much

less than the burden that would be placed on the development through:

• reduced dwelling yield;

• failure to maximise attainment of objectives for development in the B1 zone and revitalise the

Sylvania neighbourhood centre, namely, the provision of residential accommodation….;

• reduced dwelling yield would not maximise opportunities for the provision of housing in close

proximity to public transport, employment and services; and

• reduced density would reduce economic viability of the neighbourhood centre which is a driving

focus for the small area.”

The proposal directly responds to the housing needs of the community by providing a high quality

residential flat development, encouraged by the provisions of SSLEP 2015. A mix of unit sizes is

proposed, with two and three bedroom dwellings and the required percentage available for conversion

to adaptable and liveable units. The architectural expression of the proposed development is of a high

standard, which combined with the proposed landscaped setting, should ensure a quality urban design

outcome for the site.

The applicant’s written submission demonstrates that compliance with the height development

standard is unreasonable or unnecessary in the circumstances of the case. It also demonstrates

sufficient environmental planning grounds to justify varying this development standard.


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The variation to height is considered acceptable in this case as the gross floor area has been

redistributed to the front of site due to the encumbrance of the right of carriageway to the rear which

would have otherwise been able to be developed. The width of the site and the width of the highway

(being three lanes in each direction and up to 50m) visually accommodates the height of this building.

The development provides a transition in scale to the lower density zone to the rear and also enables

a visual and physical separation between the development and existing single dwellings. This

distribution of floor space provides for a better planning outcome and the proposal sets an acceptable

precedence regarding the desired future character for the area with the height maximised along the

Princes Highway and reduced adjacent to the low rise to the rear.

The proposed variation does not raise any matters of State or regional environmental planning

significance. In addition there is no public benefit to maintain the height development standard in the

circumstances of this case.

It is considered that the proposed development is in the public interest and provides a development

responsive to the varied surrounding development. The variation to the height development standard

satisfies all relevant parts of Clause 4.6 and therefore the variation can be supported.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP

65) and the accompanying Apartment Design Guide (ADG) seek to improve the design quality of

residential flat development through the application of a series of nine design principles. A brief

assessment of the proposal having regard to the design quality principles of SEPP 65 is set out below:

Design Quality Principles

Assessment

Principle 1: Context &

Neighbourhood

Character

The proposal fits well within the context of the surrounding area, with its

main frontage to the main arterial of the Princes Highway. The ground

floor commercial tenancies relate well to existing retail and commercial

uses along this section of the Princes Highway. The building will be

appropriately acoustically treated given the location of the site on the

Princes Highway.

The shop top housing at level 1-3 provides a suitably articulated edge to

the Princes Highway frontage, with the central common open space and

the three townhouses to the rear of the site providing a transition down

to the low density residential dwellings to the rear of the site.


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Principle 2: Built Form &

Scale

The built form, whilst currently out of character with the existing

streetscape is articulated through the use of a variety of materials, it also

transitions down in height and density to the rear of the site with three

townhouses and landscaping to the rear.

Principle 3: Density The density achieves a high level of amenity for future residents of the

building, with each apartment meeting the minimum internal area, and

room dimension requirements as per the ADG. The site is in close

proximity to jobs in the Sutherland Centre as well as other centre’s within

the Sutherland LGA.

Principle 4:

Sustainability

100% of the proposed units are naturally cross ventilated, and 100% of

units achieve a minimum of two hours solar access at mid winter, this is

consistent with the ADG.

Principle 5: Landscape The landscape design incorporates a central area of communal open

space at ground level. This space incorporates paved areas, with a

varied scale of plantings as well as a number of seating areas, providing

a reasonable level of residential amenity to future residents.

There is also planting proposed in the vicinity of the loading bay and bin

areas to soften the appearance of this part of the development. In the

north eastern corner of the site there is additional planting around an

existing Eucalyptus microcorys (Tallowood) which is proposed to be

retained. A condition of consent will require its retention.

Principle 6: Amenity The proposed apartments provide a good level of residential amenity by

satisfying the natural ventilation and solar access controls as per the

ADG see Principle 3 above. The apartments also have reasonable levels

of privacy, and ease of access including adaptable and liveable

apartments.

Principle 7: Safety The entrance to the building, including the landscape treatment and

location of a communal open space area, enables surveillance of both

the street and the subject property.

Principle 8: Housing

Diversity & Social

Interaction

The proposed development is a mix of 2 and 3 bedroom apartments and

townhouses, with a central communal open space, providing settings for

social interaction.

Principle 9: Aesthetics The proposed design and aesthetics of the building will suit the desired

future character of this location along the Princes Highway.


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Urban Design (Residential Buildings)

Clauses 6.16 and 6.17 of SSLEP 2015 contain certain matters of consideration relating to urban

design. A detailed assessment of the design and amenity of the building has been undertaken against

the Principles of SEPP 65 (as discussed above).

The proposal has been amended to retain a significant Tallowood tree in the north eastern corner, and

address the scale of low density residential development by providing townhouses to the rear. The

proposed development is considered to enhance the existing character of this location, and positively

contribute to the desired future character of this area.

A recommended condition of consent will require level three of the shop top housing to be amended to

be more recessive, through the use of materials and finishes. This will further contribute to the

character of this location, whilst addressing visual impact of the development when view from the low

density residential areas in the vicinity of the site.

The units and townhouses have both been designed to be dual aspect (east and west facing). The

shop top housing has been appropriately design to provide moveable screening to the balconies

facing the Princes Highway, providing both an acoustic barrier to the individual dwellings and relief

from the sun in the afternoon.

The proposal at ground level responds well to the Draft DCP by providing an active street front

through five commercial tenancies along the Princes Highway, and contributing to the amenity of the

Sylvania Heights neighbourhood centre. The proposed commercial/shop top housing is well

articulated and is an appropriate response to the location and width of the site “the separation of the

building into two, with pedestrian access between, makes a pair of buildings out of what would

otherwise be an overly long frontage to a single building.”

The application and the proposal is considered to be acceptable in regards to urban design.

Parking

Councils Draft DCP imposes a minimum and maximum parking for the shop top housing. The

proposed 41 parking spaces exceeds the minimum parking requirement of 32 spaces a without

exceeding the maximum requirement of 48 spaces.

Parking is largely proposed on one basement level which will be accessed along an internal access

way at the rear of the site from the highway. There are also five at grade car spaces below the

townhouses. However, as there is potential for these spaces to conflict with the use of the rear lane,

especially once the right of carriageway is formalised, a condition of consent is recommended to

convert these five spaces to two disabled spaces. This will provide wider spaces to manoeuvre and

reduce the number of vehicles using these spaces thus also reducing the number of vehicular

movements. Despite the deletion of three spaces the development still complies with the parking

provisions from the Draft DCP.


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Communal Open Space

The proposal does not meet the minimum communal open space area requirement as per Council’s

Draft DCP and as per the ADG – which both require a minimum of 25% of the total site area to be

common open space. This space also does not receive a minimum of 50% direct sunlight for a

minimum of two hours in midwinter as per the ADG. However, there is provision to vary these

requirements in the ADG for business zones.

Whilst the communal open space does not meet the minimum area and solar access requirements,

this space does meet the principles and criteria of the ADG. The proposed space provides a well

consolidated and practical area for use, and is easily identified and usable. The location of the

common open space provides equitable access from all dwellings. Furthermore, as all proposed

dwellings face west, 100% of the private open space will receive solar access.

The proposed communal area is a secure space which contains soft landscaping and seating areas.

The proposed common open space area also provides a visual and physical separation between the

proposed buildings.

Therefore the amount of common open space and solar access is considered acceptable in this case.

Traffic

Council’s Traffic Engineer has advised that Sylvan Street, the Princes Highway and Holt Road have

the capacity and suitable traffic measures to accommodate this development. No additional traffic

measures are required.

Setbacks/Separation The rear setback of the townhouses are compliant with the Council’s DDCP controls of 6m.

The minimum required setback from the rear boundary for the shop top housing is 9m. This comprises

of the 6m minimum requirement with an additional 3m setback due to the residential zoning to the rear

of the site. The purpose of this control is to ensure that development transitions in scale to lower

density residential. The shop top housing is set back a minimum of 22m from the rear boundary and

therefore complies.

The building separation between the shop top housing and townhouses does not meet the minimum

separation requirement of 12m as per the ADG. As the private open spaces of the townhouses will be

overlooked by the shop top housing to the west, a condition of consent will require the erection of

sliding screens to be provided to the western elevation of the balcony for each townhouse. This will

also assist with shading the harsh western sun in summer.


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Privacy

Three townhouses in the north eastern corner of the site have been removed from the proposal

minimising the impact upon privacy to the adjacent dwellings at the rear of the site. The remaining

three townhouses are setback a compliant 6m from the rear boundary of 19 and 21 Sylvan Road.

Levels 1 and 2 of the townhouses are oriented to the west, facing onto the central common open

space area. Windows on the rear façade at level 1 serving the dining and living areas are screened,

while those windows at level 2 on the rear elevation are associated with bedrooms and are proposed

to have a minimum sill height of 1.7m. These treatments will minimise overlooking to the properties to

the rear of the subject site.

Each dwelling in the shop top housing has the main living areas facing the Princes Highway. However,

the rear of this building comprises stair and lift access to the shop top dwellings as well as proposing

balconies to east facing bedrooms. While each of these balconies includes full length fixed screens

minimising impacts upon privacy to the dwellings to the rear, a number of conditions of consent are

recommended to address privacy as follows:

a) Deletion of eastern balconies at levels 3 of the shop top housing.

b) Louvers to be erected to the eastern balconies at levels 1 and 2, at such an angle to prevent

over looking to the dwellings to the rear, whilst maximising solar access. These louvers will be

moveable in order to ensure that these balconies are not classified as internal spaces which

would push the development to a non-compliant FSR.

c) Rear access stairs and landings facing east also have fixed louvers to minimise over looking to

the rear.

The distances, window configurations and conditions regarding screening will minimise the impacts

upon privacy to the dwellings and private open space of the properties to the rear of the site.

Earthworks The proposal includes earthworks and clause 6.2 of SSLEP 2015 requires certain matters to be

considered in deciding whether to grant consent. These matters include impacts on drainage; future

development; quality and source of fill; effect on adjoining properties; destination of excavated

material; likely disturbance of relics; impacts on waterways; catchments and sensitive areas and

measures to mitigate impacts. The relevant matters have been considered and the application is

acceptable.

A dilapidation report will be required to be submitted as a condition of consent prior to the

commencement of works regarding 220 Princes Highway, Sylvania. Further a general dilapidation

condition will be required to regarding other adjacent properties where required.


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Clause 6.4 requires Council to be satisfied of certain matters in relation to stormwater management

prior to development consent being granted. These matters include maximising permeable surfaces;

on-site stormwater retention minimising the impacts on stormwater runoff. These matters have been

addressed to Council’s satisfaction.

Energy Efficiency and sustainable building techniques

Clause 6.15 of SSLEP 2015 contains matters for consideration relating to ecologically sustainable

development and energy efficiency and sustainable building techniques. The relevant matters have

been considered as a part of the assessment of the application and the proposal is considered to be

acceptable.

Tree Removal The proposed development involves the removal of four trees. Appropriate replacement trees species

are proposed. Landscape plans and conditions of consent will identify the species required to be

planted.

Access to the Site

Pedestrian access to the residential component of the development site is via a central access core at

street level from the Princes Highway frontage. Each commercial tenancy will have its own separate

pedestrian access from the Princes Highway frontage.

Access will also be available from the basement car parking via a number of lift coarse. The

townhouses at the rear of the site will have their own individual access from the ground level common

open space.

Storage

Of the total storage volume required for each of the dwellings (townhouses and shop top housing)

50% of the storage is required to be provided in each dwelling in accordance with the Draft DCP and

ADG respectively.

The volume of storage within each dwelling has not been specified on plan. A condition of consent will

be imposed requiring a minimum of 50% of storage to be contained within each unit.

Contaminated Land

A site inspection and search of Council records has revealed that the subject site is unlikely to be

contaminated and is therefore fit for its intended use.


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SECTION 94 CONTRIBUTIONS

The proposed development will introduce additional residents to the area and as such will generate

Section 94 Contributions in accordance with Council’s adopted Contributions Plans. These

contributions include:

Open Space: $108,068.39

Community Facilities: $18,424.62

These contributions are based upon the likelihood that this development will require or increase the

demand for local and district facilities within the area. It has been calculated on the basis of 19 new

residential units with a concession of four existing allotments and an existing dwelling.

DECLARATIONS OF AFFILIATION, GIFTS AND POLITICAL DONATIONS

Section 147 of the Environmental Planning and Assessment Act, 1979 requires the declaration of

donations/gifts in excess of $1000. In addition Council’s development application form requires a

general declaration of affiliation. In relation to this development application no declaration has been

made.

CONCLUSION

The subject land is located within Zone B1 Neighbourhood Centre pursuant to the provisions of

Sutherland Shire Local Environmental Plan 2015. The proposed development, being commercial

premises with shop top housing; and multi dwelling housing, are permissible land uses within the zone

with development consent.

The application was placed on public exhibition and submissions were received from 18 households.

The matters raised in these submissions have been discussed in this report and include traffic, height,

over development, privacy and overshadowing.

The proposal includes a variation to building height. This variation has been discussed and is

considered acceptable subject due to the overall FSR, and location of the building in relation to

adjoining neighbours to the rear.

The application has been assessed having regard to the Heads of Consideration under Section

79C(1) of the Environmental Planning and Assessment Act 1979. The application will not result in any

significant impact on the environment or the amenity of nearby residents. Following assessment,

Development Application No. 16/0377 may be supported for the reasons outlined in this report.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Major Development

Assessment (LP)

File Number: DA16/0377

APPENDIX "A"

DRAFT CONDITIONS OF CONSENT Development Application No. 16/0377

1. Approved Plans and DocumentsThe development must be undertaken substantially in accordance with the details and

specifications set out on the Plan / Drawings:

Plan number Reference Prepared by Date

Site/Roof Plan - Issue E Sheet 01 Couvaras Architects 1/2/17

Basement - Basement Car

Parking Amendments Issue C

Sheet 02 Couvaras Architects Amended

6/1/17

Ground Floor -Ground Floor Car

Parking Amendments Issue D


6/1/17

Level 1 - Issue D Sheet 04 Couvaras Architects 29/8/16



Elevations (West Street and

East Internal) - Issue C

Sheet 07 Couvaras Architects 29/8/16

Elevations (East and West

internal) - Issue D


Elevations (North and South) -

Issue D


Sections - Issue D Sheet 10 Couvaras Architects 29/8/16

Detailed Façade Section - Issue

C


Adaptable Units - Issue C Sheet 12 Couvaras Architects 29/8/16

Colours and Finishes - Issue C Sheet 16 Couvaras Architects 29/8/16

Construction Management Plan

- Issue E


Waste Management Plan -Issue

C


Landscape Plan - Attachment

A_ Landscape Amendments

15-3156 LO1 Zenith Landscape

Designs

Amended

17/11/16

Landscape Plan - Revision A 15-3156 LO2 Zenith Landscape

Designs

19/10/16

Civil Design Stormwater

Drainage Note and Legend -

D001

151423 Jones Nicholson

Consulting Engineers

23/12/15


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Civil Design Stormwater

Drainage Details - D070



23/12/15

Civil Design Basement

Stormwater Drainage Plan -

D100



23/12/15



D200



Amended

3/2/17



D210



23/12/15

and any details on the application form and on any supporting information received with the

application except as amended by the following conditions.

Note: The following must be submitted to Sutherland Shire Council prior to the commencement

of any building work.

i) A Construction Certificate.

ii) Notification of the appointment of a Principal Certifying Authority and a letter of

acceptance from that Principal Certifying Authority.

iii) Notification of the commencement of building works with a minimum of 2 days notice of

such commencement.

2. Design Changes Required A. Design i. In order to provide a more recessive top floor from the rear:

• the eastern elevation of Level 3 shop top housing shall be amended so that the

finishes reflect that of the western, northern and southern elevations of level three

(being Dulux Domino);

• The eastern facing balconies of Units 13, 14, 15 and 16 shall be deleted;

• Unit 13 and Unit 14 Dining Room: provide a highlight window with a minimum sill

of 1500mm measured from the finished floor level.

• Unit 14, Unit 15 and Unit 16 Eastern Bedrooms (x2): provide vertical windows with

a maximum width of 400mm or a highlight window with a minimum sill of 1200mm

measured from the finished floor level.

ii. The proposed privacy screening to the eastern elevation of all eastern balconies for the

following units of levels 1 and 2 shall be constructed of a sliding screen with louvers fixed

at such an angle that will prevent overlooking into the eastern adjoining properties, yet

still provide solar access to these balconies.


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iii. To prevent access by patrons to the central common open space:

• A fence measuring a minimum height of 1.5metres above finished floor level shall

be erected adjacent to the planter boxes of Shop 4.

• All fencing and lockable gates associated with each courtyard for each commercial

ground floor tenancy (Shop 1 to 5) shall be of a minimum height of 1.5metres

above finished floor level.

iv. The balconies on the western elevation for units 13,14,15 and 16 shall have fixed

awnings erected for the full width and depth of each balcony to provide adequate

weather protection.

v. The western balconies for townhouse 1, 2 and 3 shall have sliding louver screens to be

erected to a maximum height of 1.8m above finished floor level. The louvers shall be

fixed and at such an angle that will minimise overlooking from the commercial/ shop top

housing building to the townhouses, but will provide solar access balconies.

vi. A minimum of 50% of the required storage space as required by the Australian Design

Guide shall be provided within all residential dwellings.

vii. Both blade walls adjacent to the basement ramp must be reduced by 2m in length from

the access lane to facilitate suitable pedestrian sight distance when entering and exiting

the basement

viii. Privacy screens shall be erected along stairwells, lift cores and breezeways as follows, to

prevent overlooking:

• for the full width of the eastern elevation of the all stairwells at all levels, aside from

ground level;

• for a length of two (2) metres along the southern elevation, measured from the

eastern facade of the building, at level 1 and level 2 for Stairwell/Lift Core A and B.

• for a length of 2m, extending to the north, beyond the entry doors at level 2 and

level 3 for Stairwell/Lift Core B.

• along the south- western corner of the stairwell, for a length of one (1) metres

along each elevation at level 1, level 2 and level 3 for Stairwell/ Lift Core C

The screens identified above shall be constructed of either a solid screen or fixed louvers

at such an angle that will prevent overlooking into the eastern adjoining properties and

the adjacent units 1, 3, 5, 7, 11 and 13, but will provide solar access to these stairwells

and dwellings.

Details of these design changes must be included in documentation submitted with the



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3. Requirements of Authorities A. Requirements from Other Authorities The development must be undertaken in accordance with the requirements of the Roads and

Maritime Services as follows:

i. The design and construction of gutter crossing on Princes Highway shall be in

accordance Roads and Maritime requirements. Any redundant driveways on Princes

Highway shall be removed and replaced with kerb and gutter to match existing. Details of

these requirements should be obtained from Roads and Maritime Services, Manager

Developer Works, Statewide Delivery, Parramatta (telephone 8849 2138).

Detailed design plans of the proposed gutter crossing are to be submitted to Roads and

Maritime for approval prior to the issue of a Construction Certificate and commencement

of any road works.

A plan checking fee (amount to be advised) and lodgment of a performance bond may

be required from the applicant prior to the release of the approved road design plans by

Roads and Maritime.

ii. All vehicles are to enter and leave the site in a forward direction.

iii. All vehicles are to be wholly contained on site before being required to stop.

iv. The developer is to submit design drawings and documents relating to the excavation of

the site and support structures to Roads and Maritime for assessment, in accordance

with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to

commencement of construction and is to meet the full cost of the assessment by Roads

and Maritime.

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8849 2114

Fax 8849 2766


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If it is necessary to excavate below the level of the base of the footings of the adjoining

roadways, the person acting on the consent shall ensure that the owner/s of the roadway

is/are given at least seven (7) days notice of the intention to excavate below the base of

the footings. The notice is to include complete details of the work.

v. Detailed design plans and hydraulic calculations of any changes to the stormwater

drainage system are to be submitted to Roads and Maritime for approval, prior to the

commencement of any works.

Details should be forwarded to:

The Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

A plan checking fee will be payable and a performance bond may be required before

Roads and Maritime approval is issued. With regard to the Civil Works requirement

please contact the Roads and Maritime Project Engineer, External Works Ph: 8849 2114

or Fax: 8849 2766.

vi. All demolition and construction vehicles are to be contained wholly within the site and

vehicles must enter the site before stopping. A construction zone will not be permitted on

Princes Highway.

vii. A Road Occupancy Licence should be obtained from Transport Management Centre for

any works that may impact on traffic flows on Princes Highway during construction

activities.

viii. The developer shall be responsible for all public utility adjustment/relocation works,

necessitated by the above work and as required by the various public utility authorities

and/or their agents.

These requirements must be incorporated in the application for Construction Certificate where

required.

4. Car parking below townhouses 1-3 A. Design As identified on Ground Floor plan: Ground Floor Plan amendments dated 6 January 2017:

i. Ground Level car parking spaces 01 and 02 shall be deleted and replaced with one

disabled parking bay in accordance with AS2890.6 and shall be labelled as parking bay

G01.


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ii. Ground Level car parking Spaces 03, 04 and 05 shall be deleted and replaced with one

disabled parking bay in accordance with AS2890.6 and shall be labelled as parking bay

G02.

iii. Signage shall be erected regarding spaces G01 and G02 to ensure they leave in a

forward facing direction.

iv. Convex mirrors shall be erected to ensure that there are sufficient lines of sight regarding

spaces G01 and G02 along the rear carriageway.

These amendments shall be shown on plan and submitted with any construction certificate.

B. BEFORE CONSTRUCTION Certification from an appropriately qualified engineer that the requirements of (i) to (iv) above

have been satisfied must accompany the application for a Construction Certificate.

5. Motorcycle and Bicycle Parking Two motorcycle parking spaces and four bicycle parking spaces shall be provided in the

basement.

These spaces shall be identified on amended plans and submitted to the Principal Certifying

Authority prior to the issue of a construction certificate.

6. Plan of Management - Traffic A Plan of Management shall be prepared regarding the treatment of the internal driveway

including the carriageway along the length of the rear of the site, including (but not restricted to)

traffic calming devices, management of the loading/ reversing area, speed limits and pedestrian

safety measures to ensure that the internal vehicular access areas do not impact upon

residential amenity of the subject and adjoining properties.

The Plan of Management shall be prepared by an appropriately qualified person, and shall be

submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

7. Parking Allocation - Commercial and Residential Use A. Prior To Issue Of Construction Certificate a) Parking allocated to the commercial tenancies at basement level (including staff and

customer parking) shall be clearly identified for each of the 11 car parking spaces for this

commercial floor space.

b) Parking allocated to the commercial tenancies at ground level (spaces G01 and G02)

shall be clearly identified to be used by the commercial tenancies only.

c) Parking allocated to the residential units and townhouses at basement level shall be

clearly identified for each of the car parking spaces for these dwellings.


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d) The commercial and residential parking spaces at ground and basement level shall not

be enclosed by a cage, garage or other type of enclosure.

Details of this shall be included on plans prior to the issue of the construction certificate.

8. Public Place Environmental, Damage & Performance Security Bond A. Before Issuing of any Construction Certificate Prior to the issue of a Construction Certificate or the commencement of any works on site,

whichever occurs first, the person acting on this consent must provide security to Sutherland

Shire Council against damage that may be caused to any Council property and/or the

environment as a consequence of the implementation of this consent. The security may be

provided by way of a deposit with Council or a bank guarantee. A non refundable

inspection/administration fee is included in the bond value.

It is the responsibility of the person acting on this consent to notify Sutherland Shire Council of

any existing damage to public areas in the vicinity of the development site by the submission of

a current dilapidation report supported by photographs. This information must be submitted to

Council at least 2 days prior to the commencement of works.

In the event that the dilapidation report is not submitted 2 days prior to commencement and the

public area sustains damage the person acting on this consent may be held liable.

Should any public property and/or the environment sustain damage as a result of the works

associated with this consent, or if the works put Council's assets or the environment at risk,

Council may carry out any works necessary to repair the damage and/or remove the risk. The

costs incurred must be deducted from the bond.

The value of the bond is $100,200.00.

Note: Bond amount includes a non refundable administration fee which must be paid

separately if security is provided by way of a deposit with Council or a bank guarantee.

Use of Bank Guarantee - As bond releases may occur under different timeframes only one

bond amount/bond purpose is permitted on a Bank Guarantee. Multiple bonds will require

multiple bank guarantees to be lodged.

B. After Occupation A request for release of the bond may be made to Sutherland Shire Council after all works

relating to this consent have been completed. Such a request must be submitted to Council on

the ‘Bond Release Request Form’ signed by the owner or any person entitled to act on the

consent and must be accompanied by a current dilapidation report including photographs.


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Section 94 Contributions The following dedication of land and/or monetary contributions have been levied in relation to

the proposed development pursuant to Section 94 of the Environmental Planning and

Assessment Act 1979.

The Contributions Plan may be viewed on line on Council’s web page (search for S94

Contributions Plan). A copy may also be viewed or purchased at the Customer Service

Counter in Council’s Administration Centre, Eton Street, Sutherland during office hours.

9. Monetary Contribution for Shire-Wide Open Space and Recreational Facilities A. Before Construction Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and

Sutherland Shire Council’s Contributions Plan - Shire Wide Open Space and Recreation

Facilities 2005, a monetary contribution of $116,950.72 must be paid to Sutherland Shire

Council toward the cost of land identified for acquisition and works contained in the Works

Programme of the Contributions Plan.

This contribution has been assessed and calculated in accordance with the Shire Wide Open

Space and Recreation Facilities 2005, Contribution Plan on the basis of 3 proposed Dual

Occupancy, Townhouses, Villas etc 16 proposed Residential Flat Units, Apartments etc, with a

concession for 4 existing allotments.





10. Community Facilities, Shire Wide 2003 Plan A. Before Construction A monetary contribution of $19,892.87 must be made for the cost of providing community

facilities.

This contribution has been assessed pursuant to s.94 of the Environmental Planning and

Assessment Act, and the Sutherland Shire Contributions Plan - Community Facilities in the

Sutherland Shire, after identifying the likelihood that this development will require or increase

the demand for community facilities within the shire. It has been calculated on the basis of 3

proposed Dual Occupancy, Townhouses, Villas etc 16 proposed Residential Flat Units,

Apartments etc, with a concession for 4 existing allotments.


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Payment must be made prior to the issue of the Construction Certificate

11. Approvals Required under Roads Act or Local Government Act A. Before Construction No occupation or works are to be carried out on public land (including a road or footpath) or

access provided over a public reserve adjacent to the development site without approval being

obtained from Sutherland Shire Council and the necessary fee paid under the Roads Act 1993

and/or the Local Government Act 1993. These approvals must be to the satisfaction of Council

for the required development works and may include but are not limited to the following:

• Detailed Frontage Works including construction of a driveway, footpath, etc.

• Road openings and restoration to provide services to the development.

• Work Zones and Hoardings.

• Skip Bins.

• Shoring / Anchoring.

• Standing of cranes, concrete pumps, etc.

Note: All Plans and Permits are required to be on site, at all times and may be requested by

council officers at any time.

Note: Approval under the Roads Act or Local Government Act cannot be granted by a Principal Certifying Authority or by a Private Certifier. Failure to obtain approval may result in fines or prosecution.

12. Design and Construction of Works in Road Reserve (Council Design)

A. Design Council has determined that the proposed development generates a need for the following

works to be undertaken by the applicant in the road reserve. To this end a Detailed Frontage

Works application under the Roads Act must be submitted to Sutherland Shire Council, prior to

the release of the Construction Certificate. The form is available on Council’s website. A fee

applies for the relevant inspections, assessment, coordination, creation of design brief and the

issue of permits providing consent to undertake frontage works. The design will be quoted

separately by Council’s Design Services unit.

This design will generally comply with the approved architectural design drawings, except

where amended and/or addressing the following;


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i) Establish the property alignment levels and crossing profiles,

ii) Construct a vehicle crossing 7m wide at the kerb and 6m wide at the boundary,

iii) All redundant crossings and associated laybacks are to be removed and kerb and gutter

reinstated,

iv) The entire frontage must be reconstructed in accordance with Councils Public Domain

Design Manual and any requirements set by the Public Domain Manger,

v) Construct a new stormwater pit over the existing drainage line within Princes Highway to

facilitate the private connection

vi) Alter / install street signage where required,

vii) Regrade, topsoil, turf and landscape the footpath verge to final design levels,

viii) Adjust public services infrastructure where required,

ix) Ensure there are adequate transitions between newly constructed and existing

infrastructure.

Evidence of the lodgement of this application must be provided to the PCA prior to the release

of the Construction Certificate.

B. Before Construction Prior to the release of the Construction Certificate property alignment levels and crossing

profiles must be obtained from Sutherland Shire Council.

C. Before Occupation Prior to the occupation of the building or the issue of an Occupation Certificate the following

certification must be provided to Sutherland Shire Council:

i) The supervising engineer must certify the road frontage works were constructed to their

satisfaction and in accordance with the development consent and associated Roads Act

consent.

ii) The supervising arborist, landscape designer or landscape architect must certify the street

trees are the correct species and were installed in accordance with the development

consent and associated Roads Act consent.

13. Site Management Plan A. Before Commencement of Works including Demolition An Environmental Site Management Plan must accompany the application for a Construction

Certificate. If demolition is to commence prior to the issue of a Construction Certificate the

applicant must submit to Sutherland Shire Council a separate Demolition Site Management

Plan. These plans must satisfy the Objectives and Controls of Sutherland Shire Development

Control Plan 2015 relating to environmental site management and must incorporate the

following throughout demolition and construction:


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i) Safe access to and from the site during construction and demolition.

ii) Safety and security of the site, road and footpath area including details of proposed

fencing, hoarding and lighting.

iii) Method of loading and unloading excavation machines, building materials.

iv) How and where, construction materials, excavated and waste materials will be stored.

v) Methods to prevent material being tracked off the site onto surrounding roadways.

vi) Erosion and sediment control measures.

B. During Works The site management measures set out in the above plan must remain in place and be

maintained throughout the period of works and until the site has been stabilised and

landscaped.

14. Pre-commencement Inspection A. Before Works A Pre-commencement Inspection/meeting is to be convened by the Applicant on-site a

minimum 5 days prior to any demolition and/or construction activity and between the hours of

8.00 am and 4.30 pm Monday to Friday. The meeting must be attended by a representative of

Council's Civil Assets Branch, the Principal Certifying Authority, the builder/site manager of the

building/civil construction company and where necessary the supervising engineer. The

attendance of the owner is required when it is intended to use more than one builder/principal

contractor throughout the course of construction.

The purpose of the meeting is to:

i) Ensure safe passage for pedestrians, Work and Hoarded Zones are maintained in

accordance with Council requirements;

ii) Check the installation and adequacy of all traffic management devices;

iii) Confirm that the supervising engineer has a copy of Council's Specification for Civil

Works Associated with Subdivisions and Developments.

Note: An inspection fee must be paid to Council prior to the lodgement of the Notice of

Commencement. Please refer to Sutherland Shire Councils Adopted Schedule of Fees and

Charges.

15. Supervising Engineer A. Before Construction The applicant must engage an Accredited Certifier in civil engineering works or a Charter Civil

Engineer to supervise construction of any:

i) Road frontage works.

ii) Construction / installation of stormwater drainage.


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iii) Rainwater harvesting & reuse.

iv) All other works that form part of a subdivision.

B. During Construction The engineer must supervise the works as listed above to ensure compliance with:

i) All relevant conditions of development consent.

ii) Any Consent issued under the Roads Act for this development.

C. Before Occupation The supervising engineer must certify the works required in “A” above were undertaken and

completed in accordance with the requirements of this Development Consent and to their

satisfaction.

16. Internal Driveway Profile A. Before Construction An Access Application must be made to Council to obtain footpath crossing and boundary

alignment levels before commencing the final design of internal driveways, paths and car park

area.

B. Design The internal driveway profile must be designed to:

i) Provide adequate sight distance for the safety of pedestrians using the footpath area.

ii) Provide a maximum grade of 5% for the first 3 metres inside the property boundary.

iii) Comply with AS2890.1(2004) in relation to the design of vehicular access, parking and

general manoeuvring for the B85 vehicle.

iv) The maximum longitudinal grade of the driveway must not exceed 25%.

Certification by an appropriately qualified person to the effect that these design requirements

have been met must accompany the application for a Construction Certificate.

17. Parking Areas and Access A. Design All vehicular access, parking and manoeuvring areas including loading areas must be designed

and constructed to comply with AS2890.1 - 2004.

The following specific requirements must be incorporated into the design:

i) The proposed loading and delivery area must be clearly defined with suitable signposting

and pavement markings.

ii) The proposed access lane from Princes Highway to the basement ramp must be

constructed at grade and of a suitable all weather pavement consisting of asphalt or

concrete.


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iii) The section of access lane at the rear of the property must consist of kerb and gutter on

both sides of the road pavement. The crossfall of the access lane must be directed in an

easterly fashion to facilitate stormwater drainage.

iv) A geotechnical investigation and engineering design must be undertaken for the access

lane from the Princes Highway to the basement ramp to determine the full depth

asphalt/concrete pavement appropriate to the design loading in accordance with

“Austroads - AGPT02/10: Guide to Pavement Technology - Part 2: Pavement Structural

Design”,

v) Bollards must be installed on the southern side of the internal pedestrian crossing from

the blade wall to garden bed. The bollards must be offset 0.5m from the access lane

pavement and separated by 2m.

B. Before Construction i) Certification issued by a suitably qualified civil engineer to the effect that these design

requirements have been met. This certification must accompany the application for a


ii) Approval shall be sought for the abovementioned design from Council’s Public Domain

Assets Manager prior to the issue of a Construction Certificate.

C. Before Occupation Prior to the occupation of the building or the issue of an Occupation Certificate the suitably

qualified civil engineer must certify that the access lane and loading and delivery area has been

constructed to their satisfaction and is fit for purpose. A copy of this certification must

accompany the application for a Occupation Certificate.

18. Basement Car Park Design A. Design The basement car park must be designed in accordance with AS 2890 and must incorporate

the following:

i) A minimum headroom of 2.2m measured from the parking floor to the underside of any

beam, ventilation duct or service conduit, or to the underside of any door including a

security door and fittings when those doors are in an open position.

ii) The proposed security door fitted to the car parking area entrance must be independently

mounted on rubber pads to prevent vibration noise transmission through the concrete

walls and / or columns.

iii) The commercial spaces must have a width of 2.6m to comply with user class 3 of

AS2890.1 for short term city and town centre parking.

B. Before Construction Certification of the above must accompany the application for a Construction Certificate.


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19. Drainage Design - Detailed Requirements A. Design The stormwater drainage system must be designed in accordance with the approved

stormwater drainage design drawing, Australian Standard AS3500.3:2003 and the BASIX

Certificate issued for this development. Except where modified by the following:

i. The approved stormwater plans prepared by Jones Nicolson Consulting Engineers

(D001, D070 and D100- dated December 2015, and D200 and D210 dated as amended

3/2/17), shall be amended to reflect the approved building layout as per the Architectural

Plans prepared by Couvaras Architects, the stormwater plans should be amended to be

consistent with the following drawings, in particular noting the basement layout and

amendments to the townhouses:

Basement - Basement Car

Parking Amendments Issue C


6/1/17

Ground Floor -Ground Floor Car

Parking Amendments Issue D


6/1/17

ii. The OSD and rainwater tanks must be relocated to match in the new driveway access

location,

iii. Construct a new stormwater pit over the existing drainage line within Princes Highway to

facilitate the private connection

iv. A longitudinal section of the pipeline within the road reserve including existing natural

surface levels, design surface levels, design invert levels of the proposed pipeline and

the location, size and reduced level of all services to AHD where those services cross the

proposed drainage line.

v. The rate of discharge of stormwater from the site to a drainage system under Council’s

control must be controlled so that it does not exceed the pre-development rate of

discharge.

vi. The rainwater tank must have a minimum capacity of 10m³.

vii. All levels reduced to Australian Height Datum.

viii. Harvested rainwater must be used for irrigation

ix. The pipeline within the footpath verge must be a hot dipped galvanised steel hollow

section with a minimum wall thickness of 4.0 millimetres or reinforced concrete pipe.

x. The stormwater drainage within the rear access lane must be relocated to the eastern

boundary and located below the kerb and gutter. This pipeline must be Ø375mm RCP

and have a minimum gradient of 1%.

xi. Two kerb inlet pits must be constructed over this pipeline at the most northern and

southern extents of the lane in accordance with Council Standard Drawing DWG #10000.


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B. Before Construction i) Certification from an Accredited Certifier in Civil Engineering or a Chartered Civil

Engineer, to the effect that the drainage design is to their satisfaction and satisfies the

design requirements in “A” above must accompany the application for a Construction

Certificate.

ii) Approval shall be sought for the abovementioned design from Council’s Public Domain

Assets Manager prior to the issue of a Construction Certificate.

C. Before Occupation Prior to the issue of an Occupation Certificate:

i) A Works-As-Executed drawing (WAED) of the stormwater drainage system and access

lane pavement must be prepared by a Registered Surveyor. This drawing must detail the

alignment of pipelines, pits, the rainwater tanks and the detention facilities. An original or

a colour copy must be submitted to Sutherland Shire Council.

ii) The Supervising Engineer must certify the WAED of the stormwater drainage system that

the stormwater drainage works, rainwater harvesting facility and rainwater reuse systems

were constructed to their satisfaction and in accordance with the Development Consent.

Prior to the occupation or use of the building the Applicant / Owner must submit to

Council a copy of the aforementioned letter of certification.

D. Ongoing i) The operation of all devices or appliances installed within the development approved by

this consent as required by conditions pertinent to rainwater harvesting and rainwater

reuse must be maintained in good operating order at all times.

ii) The stormwater detention facility must be:

· Kept clean and free from silt, rubbish and debris.

· Be maintained so that it functions in a safe and efficient manner.

· Not be altered without prior consent in writing of the Council.

Note: Upon submission of the Works-As-Executed drawing for the stormwater drainage system

a notation will be added to the section 149(5) certificate advising future owners that their

property is burdened by a stormwater detention facility.

20. Noise Control During Construction and Demolition To minimise the impact on the surrounding environment:

A. During Works The LAeq sound pressure level measured over a period of 15 minutes when the construction or

demolition site is in operation, must not exceed the ambient background level (LA90 15min) by

more than 10dB(A) when measured at the nearest affected premises.


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21. Damage to Adjoining Properties A. Before Works To minimise vibration damage and loss of support to buildings / structures and properties in

close proximity to the development site, a Geotechnical Engineers Report must be prepared

detailing constraints to be placed on earth moving and building plant and equipment and the

method of excavation, shoring, underpinning and support. This report must be provided to the

person undertaking the excavation and the Principal Certifying Authority.

B. During Works The constraints and recommendations of the Geotechnical Engineers Report must be

implemented.

22. Public Utilities This condition is imposed to facilitate the provision of services to the development and reduce

conflicts between services and lot boundaries, buildings or associated facilities.

A. Before Construction Suitable arrangements must be made with all relevant utility service providers to ensure the

development is appropriately serviced by electricity, gas, telecommunications and the like, and

any necessary underground conduits are provided.

Note: Should these requirements result in any significant change to the approved design an

application must be made to modify the consent under s.96 of the Environmental Planning and

Assessment Act.

23. Easements - Subdivision A. Before Subdivision Prior to the release of the Subdivision Certificate, easements must be created over:

i) the right of carriageway 6.1m wide and variable along the full length of the eastern (rear)

boundary of the site

The right of carriageway and terms thereof must be created under the provisions of s.88B of

the Conveyancing Act, 1919, benefitting Sutherland Shire Council. The s.88B instrument must

be submitted to Sutherland Shire Council Legal Department for approval before the registration

of any linen plan.

24. Approved Landscape Plan A. Design Changes The landscape works on the site must be carried out in accordance with the approved

Landscape Plan except as amended by the following:


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i) Regarding the Eucalyptus microcorys (Tallowood) near the north eastern corner of the

site (identified as Tree 5 on the approved landscape plan by Zenith Landscape Designs):

a. All reasonable steps shall be taken to protect the root zone and retain the

Tallowood during the construction period, including the civil works associated with

the construction of the vehicular access and turning circle. The protection of this

tree shall be managed and supervised by an appropriately qualified Arborist and

Landscape Designer.

b. However if the works substantially affect the root zone of the Tallowood, it shall be

replaced with a Eucalyptus mircocorys as per the approved amended landscape

plan Attachment A - Landscape Amendments dated 17 /11/16.

ii) Provide additional planter boxes to the areas highlighted in green on ‘Attachment

A_Landscape Amendments’ dated 17/11/16 and ensure soil depths are as specified.

ii) Ensure understorey planting within the planter boxes immediately south-west of the

reversing bay are low lying and trees have clear trunks to maintain pedestrian site lines.

iii) Provide seating around the perimeter of the two planter boxes to the communal open

space as shown on ‘Attachment A_Landscape Amendments’ dated 17/11/16.

iv) Delete one Elaeocarpus reticulatus (Blueberry Ash) to the north eastern corner and

replace with one Eucalyptus haemostoma (Scribbly Gum) 1000mm off the eastern

boundary line.

v) Replace Corymbia gummifera (Bloodwood) to street with Eucalyptus haemostoma

(Scribbly Gum).

vi) Tree Protection Zones (TPZ) must be shown on plan for all existing trees and/or natural

site features to be retained and protected.

vii) The communal open space areas and all planter boxes on slab must be provided with a

water-efficient irrigation system, connected to a pump and the rainwater/OSD tank, to

enable effective landscape maintenance.

viii) Climbing plant species suitable for the area shall be planted to grow up the fence to

soften the appearance of the development and fence as identified on the ‘Attachment

A_Landscape Amendments’ dated 17/11/16.

The applicant must engage a suitably qualified Landscape Designer or Landscape Architect to

oversee any design changes to the approved Landscape Plan and amendments required

above. Details of these design changes must be included in the documentation submitted with


Notes: A Landscape Designer is a person eligible for membership of the Australian Landscape

Designers and Managers and a Landscape Architect is a person eligible for membership of the

Australian Institute of Landscape Architects as a Registered Landscape Architect.


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If demolition works to occur prior to the Construction Certificate being issued, tree protection

measures must be installed prior to commencement of demolition.

B. Prior to Occupation/Occupation Certificate The landscape works must be completed in accordance with the approved Landscape Plan and

amendments required by ‘A’ above. A Final Landscape Inspection must be carried out and a

certificate issued by Council's landscape officer prior to occupation or the issue of an

occupation certificate (interim or final). This certificate is required to ensure that all landscaping

works and the deep soil percentage requirements have been carried out in accordance with ‘A’

above, and that all new indigenous plants on the site and within the road reserve are the

correct species.

To arrange a Final Landscape Inspection please phone 9710-0333 48 hours prior to the

required inspection date. An inspection fee of $225 is required to be paid, prior to the

inspection. Additional inspections will be charged at a rate of $150 each.

C. Ongoing All landscaping works required by ‘A’ above must be maintained for 12 months following the

final landscape inspection date.

Any plants found faulty, damaged, diseased or dead shall be replaced with the same species in

the same sized container within one month with all costs borne by the owner.

Note: If difficulty is experienced sourcing suitable indigenous plants from other suppliers, plants

grown from locally provenance seed may be available from:



Ph: 02 9524 5672

25. Trees on Private Land (Projects Dual Occupancies and Larger) (ENV2030) A. Tree Removal The removal of the following trees is approved:

i) Trees identified on the approved Landscape Plan as “existing tree to be removed” and/or

as listed below:

Tree No. Tree Species (botanical and common name)

Location

2 Grevillea robusta (Silky Oak) EXEMPT Refer to Existing Tree

Plan prepared by Zenith

Landscape Designs


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(Drawing No. 15-3156

LO2)

3 Glochidion ferdinandi (Cheese Tree) “

4 Eucalypt sp. (Eucalypt) “

6 Ligustrum sp (Privet) EXEMPT “

ii) Trees growing within the 3 metres of the building footprint of the approved structures.

iii) Any declared noxious plant. The applicant is to ensure that all noxious plants are

properly identified and controlled/removed.

iv) Any tree species exempted by the Sutherland Shire Local Environmental Plan 2015.

All other vegetation that would require approval to be removed must be protected.

B. Design i) Three (3) trees are approved for removal as part of this consent. Where trees are

proposed to be removed Sutherland Shire Council’s Development Control Plan 2015

requires indigenous replacement canopy tree planting at a ratio of 8:1 on private land.

ii) Twenty four (24) replacement trees are required to be planted.

iii) A minimum number of eight (8) indigenous trees must be planted on the site as per

approved landscape plans and associated conditions of consent

iv) Trees must have a minimum container size of 5 litres.

An amended Landscape Plan/Tree Location Plan showing the location of all replacement trees

on the site and/or in the street must be provided prior to the release of the Construction

Certificate.

Note: For the remaining sixteen (16) replacement trees required by “B ii)” above, Council offers

offsite planting under a ‘Deed of Agreement’ as an alternative to on site planting, at a cost of

$100 per tree. Offsite planting will be undertaken as part of Council’s Green Street Program.

‘Deed of Agreement’ forms can be downloaded from Council’s website at

www.sutherlandshire.nsw.gov.au/Development/Development-Applications/Off-Site-Tree-

Replacement-and-Deed-of-Agreement. A completed form and payment must be submitted to

Council prior to the release of the Construction Certificate.

C. Prior to Occupation/Occupation Certificate The replacement tree planting must be completed in accordance with the approved Landscape

Plan/Tree Location Plan. A Final Landscape Inspection must be carried out and a certificate

issued by Council's landscape officer prior to occupation or the issue of an occupation

certificate (interim or final). This certificate is required to ensure that tree planting has been

carried out in accordance with ‘B’ above, and that all new indigenous plants on the site and

within the road reserve are the correct species.


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To arrange a Final Landscape Inspection please phone 9710-0333

48 hours prior to the required inspection date. An inspection fee of $225 is required to be paid,

prior to the inspection. Additional inspections will be charged at a rate of $150 each.

D. Ongoing Trees required by this condition must be maintained and protected until they are covered by

Council’s Controls for Preservation of Trees and Bushland Vegetation (SSCDCP 2015 Chapter

38). Any replacement trees found damaged, dying or dead must be replaced with the same

species in the same container size within one month with all costs to be borne by the owner.

Note: If you have difficulty sourcing suitable indigenous plants from other suppliers, plants

grown from local provenance seed may be available from:



Ph: 02 9524 5672

Opening hours - Monday to Friday 7.00am-3.00pm (excluding public holidays).

26. Tree Retention and Protection A. Before Works Prior to the commencement of any demolition, excavation or construction works on site the

applicant shall engage a suitably qualified and experienced Arborist to oversee the measures

for the protection of existing trees as listed below.

Note: An Arborist is a person with a current membership of the National Arborist’s Association

of Australia at a grade of General Member, Affiliate Member or Life Member, or alternatively a

person who has obtained an Australian Qualifications Framework AQF Level 5 in Arboriculture.

Prior to the commencement of any works, including demolition, the supervising Arborist must

oversee the protection of the following tree/s as listed in the table below / as marked on the

approved Landscape Plan No.15-3156LO1 prepared by Zenith Landscape Designs dated

19/10/16 to ensure the installation and adequacy of all tree protection measures.

Tree No. Tree Species (botanical and common name)

Location

1 Eucalyptus haemostoma (Scribbly Gum) Street

2 Eucalyptus microcorys (Tallowood) Refer to Existing Tree Plan

prepared by Zenith Landscape

Designs (Drawing No. 15-3156

LO2)


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3 Lilly Pilly Neighbouring Site: Tree 7 - Refer to

Existing Tree Plan prepared by

Zenith Landscape Designs

(Drawing No. 15-3156 LO2)

4 Liquidamber stryracifua (Liquidamber) Neighbouring Site: Tree 8 - Refer to

Existing Tree Plan prepared by

Zenith Landscape Designs

(Drawing No. 15-3156 LO2)

The trees identified for retention must be protected by the following measures:

i) Protective fencing constructed of 1.8m high chain wire mesh supported by robust posts

must be installed in accordance with the on ‘Attachment A_Landscape Amendments’

dated 17/11/16. Signage must be erected on the fence with the following words clearly

displayed “TREE PROTECTION ZONE, DO NOT ENTER”.

ii) The tree protection zone within the protective fencing must be mulched with a maximum

depth 75mm of suitable organic mulch (woodchips or composted leaf chip mulch) and

kept regularly watered for the duration of the works subject to this consent.

iii) No development or associated activity is permitted within the fenced tree protection zone

for the duration of works subject to this consent. This includes vehicular or pedestrian

access, sheds, washout areas, excavations, backfilling, installation of services (including

stormwater), removal of top soil, stockpiling of soil or building materials.

iv) Where site access/egress is required over the roots of trees identified for retention and

protection, provide hardwood rumble boards over a 200mm thick layer of wood chip.

B. During Construction i) The tree protection measures detailed in ‘A’ above must be maintained during

construction.

ii) The supervising Arborist must be present during any approved hand excavation or under

boring works within the Tree Protection Zone (TPZ) of any tree identified for retention

and protection and have the authority to direct works to ensure the trees long term

preservation;

iii) The supervising Arborist must strictly supervise that there is no disturbance or severing

of roots greater than 30mm diameter and to cleanly cut those roots between 10-30mm in

diameter.

iv) If the tree/s identified for retention in ‘A’ above are damaged or destabilised during

construction then works must cease and Council’s Tree Assessment Officer (ph. 9710

0333) must be contacted to assess the tree/s and recommend action to be taken.


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27. General Odour Condition A. Ongoing The use and operation of the premises must not cause the emission of any odours that, by

reason of its level, nature, character or quality is likely to be harmful to or interfere

unreasonably with the comfort or repose of person who is outside the premises.

28. Car Wash Bays To prevent contamination of the stormwater drainage system a car-wash bay must be provided

on site:

A. Design The wash-bay must be graded to an internal drainage point and connected to the sewer.

B. Before Construction Details of the design satisfying ‘A’ above must accompany the application for a Construction

Certificate.

C. Before Occupation The Principal Certifying Authority must be satisfied that

i) ‘A’ above has been complied with and

ii) any discharge to the sewer from the premises is in accordance with the requirements of

Sydney Water.

D. Ongoing All car-wash, engine degreasing and steam cleaning must be conducted in the wash-bay

detailed in ‘A’ above. Wastewater must be treated in accordance with the requirements of

Sydney Water.

29. Garbage, Recycling and Green-waste Storage Area To ensure the proper storage of waste from the premises:

A. Design The garbage and recycling storage area must have a smooth impervious floor that is graded to

a floor waste. A tap and hose must be provided to facilitate regular cleaning of the bins and all

waste water must be discharged to the sewer in accordance with the requirements of Sydney

Water. Garbage bins must be designed to prevent the escape of any liquid leachate and must

be fitted with a lid to prevent the entry of vermin.

B. Before Construction Details of compliance with ‘A’ above must form part of the documentation accompanying the

applications for a Construction Certificate.


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C. Before Occupation The works must be completed prior to the issue of any Occupation Certificate.

D. Ongoing All waste and recycling bins must be stored wholly within the approved waste storage area.

The bins must only be put out for collection in the evening prior to pick-up and returned to the

storage area as soon as possible after pick-up.

30. External Lighting - (Amenity) To ensure that any lighting on the site does not cause a nuisance to neighbours or motorists on

nearby roads:

A. Design All lighting must be designed in accordance with Australian Standard AS4282 - Control of the

Obtrusive Effects of Outdoor Lighting.

B. Ongoing All lighting must be operated and maintained in accordance with the Standard above.

31. Noise Control - Residential Air Conditioning Unit / Heat Pump Water Heater To minimise the noise impact on the surrounding environment:

A. Design The unit must be designed and/or located so that noise generated does not cause an LAeq

(15min) sound pressure level in excess of 5 dB(A) above the ambient background level when

measured on or within any residential property.

B. Ongoing i) The unit must be operated in accordance with ‘A’ above.

ii) Between the hours of 10.00pm and 8.00am on weekends and public holidays and

10.00pm and 7.00am any other day, noise emitted must not be heard within any residence

with its windows and/or doors open or closed.

32. Noise Control - Design of Plant and Equipment (General Use) To minimise the impact of noise from the development, all sound producing plant, equipment,

machinery, mechanical ventilation system or refrigeration systems:


exceed an LAeq sound pressure level of 5dB above the ambient background level when

measured at the most affected point on or within any residential property boundary.


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Standard 1055.1.

B. Before Occupation Certification must be provided by a qualified acoustic engineer that all work associated with the


C. Ongoing All plant and equipment must be operated and maintained in accordance with ‘A’ above.

33. Noise Control - Design of Plant and Equipment (Continual Operation) To minimise the impact of noise from the development, all sound producing plant, equipment,

machinery, mechanical ventilation systems and / or refrigeration systems:


exceed the Project Specific Noise level when measured at the most affected point on or within

any residential property boundary.

The Project Specific Noise level must be the most stringent noise level of the Intrusive and

Amenity criteria and be calculated in accordance with the provisions of the Department of

Environment and Conservation’s Industrial Noise Policy.


Standard 1055.1.

B. Before Construction Details of the acoustic attenuation treatment required to comply with ‘A’ above, must be

prepared by a qualified acoustic engineer. These details must accompany the application for a


C. Before Occupation Certification must be provided by a qualified acoustic engineer that all work associated with the


D. Ongoing All plant and equipment must be operated and maintained in accordance with the ‘A’ above.

34. Noise Control - Communal Open Space To minimise the impact on the surrounding residents:


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A. Ongoing 1) A Plan of Management regarding mangement of noise associated with commercial

tenancies and the communal open space shall be prepared and submitted with the


35. Noise from Road To minimise the impact of noise from the adjoining major road and / or rail corridor on the

occupants:

A. Design The building design must be in accordance with the recommendations of the acoustic report by

Acoustic Logic dated 11 December 2015 approved as part of this application.

B. Before Construction Details of the acoustic attenuation treatment must accompany the documentation forming part

of the Construction Certificate.

C. Before Occupation Details of the acoustic attenuation treatment must accompany the application for a Construction

Certificate in accordance with ‘A’ above and must include all post construction validation test

results.

36. Noise and Vibration Control - Residential Car Park To minimise noise and vibration from use of the security door in the car park:

A. Design The proposed security door fitted to the car parking area entrance must be independently

mounted on rubber pads or otherwise installed to prevent vibration noise transmission through

the concrete walls and / or columns.

B. Before Occupation The Principal Certifying Authority must be satisfied that ‘A’ above has been complied with.

37. Building Ventilation To ensure adequate ventilation for the building:

A. Design The building mechanical and / or natural ventilation systems must be designed, in accordance

with the provisions of:

i) The Building Code of Australia;

ii) AS 1668 Part 1 - 1998;


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iii) AS 1668 Part 2 - 1991;

iv) The Public Health Act - 2010;

v) The Public Health Regulation 2012;

vi) AS 3666.1 - 2002;

vii) AS 3666.2 - 2002; and

viii) AS 3666.3 - 2000.

B. Before Construction Details of compliance with the above must form part of the documentation accompanying the


C. Before Occupation i) Certification must be provided by a qualified mechanical ventilation engineer that the


ii) Occupation of the premises must not occur until a registration application has been

submitted to Council's Environment and Health Regulation Department for any cooling

tower / warm water system.


38. Car-Park Ventilation - Alternate System To ensure adequate ventilation for the car park:

A. Design As the basement car-park does not appear to comply with the natural ventilation requirements

of Section 4 of Australian Standards AS1668.2 -1991, the car-park must be either mechanically

ventilated by a system complying with AS1668.2 -1991 or alternatively, the natural ventilation

system must be certified by a qualified mechanical ventilation engineer to the effect that the

system is adequate. The certification shall confirm that the system will protect the health of

occupants of the car park at anytime it is used and satisfies the atmospheric contaminate

exposure rates specified in the Worksafe Australia document: Workplace Exposure Standards

for Airborne Contaminants.

B. Before Construction Details of compliance with ‘A’ above must form part of the application for a Construction

Certificate.

C. Before Occupation Certification must be provided by a qualified mechanical ventilation engineer that the



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39. Demolition Work To ensure that demolition of structures is carried out in an environmentally acceptable and safe

manner:

A. Before Commencement If works involve the removal of more than 10 square metres of asbestos material, a bonded

asbestos licence is required. A friable asbestos licence is required to remove, repair or disturb

any amount of friable asbestos. For further information contact the NSW Workcover Authority.

B. During Works i) The demolition of the existing building must be carried out strictly in accordance with

Australian Standard 2601 - The Demolition of Structures.

ii) The applicant must ensure that the demolition contractor has a current public risk

insurance coverage for a minimum of $5 million. A copy of the Policy must be submitted

to the Council prior to demolition.

To ensure that the removal and transportation of any asbestos material, regardless of the

quantity, is carried out in an environmentally acceptable and safe manner, all work must comply

with the following:

a) Work Health and Safety Act 2011;

b) Work Health and Safety Regulation 2011;

c) Safe Work Australia Code of Practice - How to Manage and Control Asbestos in the

Workplace;

d) Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)];

e) Workcover NSW ‘Working with Asbestos - Guide 2008’;

f) Protection of the Environment Operations Act 1997; and

g) Protection of the Environment Operations (Waste) Regulation 2005.

Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW EPA to

accept asbestos waste. Any asbestos waste load over 100kg (including asbestos contaminated

soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting

tool WasteLocate. More information can be found at <https://wastelocate.epa.nsw.gov.au>.

40. Dilapidation Report - Adjoining Properties A. Before Works To assist in the resolution of any future disputes about damage to properties adjoining the

development site, prior to commencement of any work on site the Applicant or principal

contractor must provide dilapidation reports on the adjacent buildings at No.s 220 and 232


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Princess Highway Sylvania, including any basements and ancillary structures. The Principal

Certifying Authority shall determine the need for any additional dilapidation reports for any other

adjoining properties. The reports must be provided to the Principal Certifying Authority and to

the owners of the properties that are the subject of the report.

The reports must be prepared by a suitably qualified and experienced person, such as a

structural engineer.

41. Design Requirements for Disabled Access A. Design A report prepared by a suitably qualified Access Consultant must be submitted with the

Construction Certificate, demonstrating that the development complies with the requirements of

AS1428 - Design for Access and Mobility.

42. Design Requirements for Adaptable Housing A. Design A report prepared by a suitably qualified Adaptable Housing Specialist must be submitted with

the Construction Certificate, demonstrating that the development complies with the

requirements of AS4299 - Adaptable Housing. The report must contain a completed checklist

(Appendix A - AS4299) demonstrating compliance with the requirements of a Class C

Adaptable House.

43. Verification of Design for Construction - SEPP 65 A. Design Design verification must be provided by a registered Architect pursuant to SEPP 65 stating that

the design intent approved by the Development Consent has been maintained in the building /

architectural plans submitted with the Construction Certificate. This must accompany the


B. Before Occupation Prior to the issue of the final Occupation Certificate design verification must be provided in

accordance with SEPP 65.

44. Certification Requirement of Levels A. During Construction At the following stages of construction:

i) Prior to the pouring of each floor or roof slab,

ii) Upon completion of the roof frame.

A registered surveyor must provide the Principal Certifying Authority with Certification that the

stage of structure complies with the development consent in respect of levels.


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B. Before Occupation The certification referred to above must form part of the application for an Occupation

Certificate.

45. Sydney Water Requirements & Section 73 Compliance Certificate A. Before Any Works Prior to the commencement of any works on site, including demolition or excavation, the plans

approved as part of the Construction Certificate must also be approved by Sydney Water. This

allows Sydney Water to determine if sewer, water or stormwater mains or easements will be

affected by any part of your development. Customers will receive an approval receipt which

must be included in the Construction Certificate documentation.

Please refer to the web site www.sydneywater.com.au.

B. Before Occupation / Subdivision Certificate Prior to the issue of an Occupation Certificate or a Subdivision Certificate a Compliance

Certificate under Section 73 of the Sydney Water Act, 1994, must be submitted to Council by

the Principal Certifying Authority. Sydney Water may require the construction of works and/or

the payment of developer charges. This assessment will determine the availability of water and

sewer services, which may require extension, adjustment or connection to the mains.

Sydney Water Advice on Compliance Certificates: Sydney Water will assess the development and if required will issue a Notice of Requirements

letter detailing all requirements that must be met. Applications can be made either directly to

Sydney Water or through a Sydney Water accredited Water Servicing Coordinator. Please

make early contact with the Coordinator, since building of water / sewer extensions can be

time-consuming and may impact on other services as well as building, driveway or landscaping

design.

Go to www.sydneywater.com.au/section73 or call 1300 082 746 to learn more about applying

through an authorised WSC or Sydney Water.

46. Dial Before You Dig A. Before Construction Underground assets may exist in the area that is subject to your application. In the interests of

health and safety and in order to protect damage to third party assets please contact Dial

Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting

structures (this is the law in NSW).

It is the individual’s responsibility to anticipate and request the nominal location of plant or

assets on the relevant property via contacting the Dial before you dig service in advance of any

construction or planning activities.


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premises.




On 3 occasions, only for the purpose of pouring large floor or roof slabs, work may be carried

out on the site from 7.00am to 8pm Monday to Friday, excluding Public Holidays on a week

day.

In order to activate the extended hours of operation both Council and affected neighbours must

be notified a minimum of 48 hours prior to commencement. Affected neighbours include those

in the immediate vicinity, adjacent or adjoining the development site. Notification must be by

way of written advice including:

• Date/s the extended hours will be utilised.

• The purpose of the extended hours - pouring large slab.

• Address of the development works / site.

• Contact name and number of appropriate site officer (supervisor or manager) for

enquiries.

Notification to Council must include a copy of the letter and a map or list identifying those

affected neighbours who have been notified.

48. Toilet Facilities A. During Works Toilet facilities must be available or provided at the work site at a ratio of one toilet plus one

additional toilet for every 20 persons employed at the site before works begin and must be

maintained until the works are completed.

Each toilet must:

i) be a standard flushing toilet connected to a public sewer, or

ii) have an on-site effluent disposal system approved under the Local Government Act

1993, or

iii) be a temporary chemical closet approved under the Local Government Act 1993


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49. Street Numbering and Provision of Letter Box Facilities A. Before Occupation i) Street / unit / shop numbers must be clearly displayed.

ii) Suitable letterbox facilities must be provided in accordance with Australia Post

specifications.

iii) The dwellings must have the following street address format:

The development must be known as 222 Princes Highway Sylvania,

The units must be number in the hotel style format eg

Ground Floor G01/222 Princes Highway Sylvania,

First Floor 101/222 Princes Highway Sylvania

and Second Floor - 201/222 Princes Highway Sylvania

50. Car parking Areas A. Ongoing To ensure that the car parking area satisfies the demands of the development:

i) it must be made available on an unrestricted basis and free of charge at all times for

employees' and visitors' vehicles

ii) any parking nominated as visitor parking or common property must be continually

available as common property.

51. Car Parking Allocation A. Before Subdivision Car parking must be allocated to individual strata lots as part of their unit entitlement.

Visitor parking facilities and/or car wash bays must be designated as common property on any

strata plan.

Parking must be allocated on the following basis:

• Residential dwellings: minimum 24 spaces

• Retail/commercial: 15 spaces

• Loading/servicing: 1 “SRV” space

B. Ongoing The car-parking provided must only be used in conjunction with the dwellings and/or tenancies

contained within the development and not for any other purpose.

52. Loading and Unloading To preserve the amenity and ensure the safety of the public:


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A. Ongoing All loading and unloading of vehicles must be carried out within the site and not from the public

roadway. All service/delivery vehicles must enter and leave the site in a forward direction.

53. Noise - waste and deliveries To minimise the impact of the development on the surrounding environment:

A. Ongoing i) Waste

To minimise the noise impact of the development on the surrounding environment, the

collection of goods including garbage and recycling waste from the premises must not

take place between the hours of 10pm and 8am Monday to Saturday or before 9am

Sunday and Public Holidays.

All tenancies must at all times display at all staff exits and in the garbage storage area

clearly visible and legible signs in the form of or like “Bottles and cans are NOT to be

collected by waste operators after 10pm or before 8am (9am Sunday / Public Holiday).

Movement of other waste from inside to outside the premises, after 10pm must occur

quietly.

ii) Delivery / Collection of Goods

To minimise the noise impact of the development on the surrounding environment,

loading or unloading of goods and materials from the premises must not take place

between the hours of 7pm and 8am Monday to Saturday or before 9am on Sunday and

Public Holidays.

iv) Maintenance Operations

To minimise the noise impact of the development on the surrounding environment no

maintenance contractors (including cleaning and landscaping) must commence work

prior to 8.00am on any day.

54. Registration of Plan of Consolidation A. Prior to Construction Prior to the issue of any Construction Certificate a Plan of Subdivision for the Consolidation of

Lot 9 DP 65570, Lot 1 DP 726419, Lot 11 & 12 DP 658248 including a 6.1m wide and variable

Right of Carriageway for public use must be registered with NSW Land and Property

Information.

The 6.1m wide and variable right of carriageway must be located along the eastern (rear)

boundary.

Attached are the prescribed conditions that must be complied with under the Environmental Planning

and Assessment Regulations 2000.


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PRESCRIBED CONDITIONS

Division 8A of the Environmental Planning and Assessment Regulation Prescribes the following

conditions of development consent

S98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (cf clauses 78 and 78A of EP&A Regulation 1994)

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in

relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building

Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires

there to be a contract of insurance in force in accordance with Part 6 of that Act, that

such a contract of insurance is in force before any building work authorised to be carried

out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development

consent for a temporary structure that is used as an entertainment venue, that the temporary

structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of

Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which

subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in

force on the date the application is made for the relevant:

(a) development consent, in the case of a temporary structure that is an entertainment

venue, or

(b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in respect of temporary

structures that are not entertainment venues.

S98A Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are

prescribed as conditions of a development consent for development that involves any building

work, subdivision work or demolition work.


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(2) A sign must be erected in a prominent position on any site on which building work, subdivision

work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for

the work, and

(b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work

is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that

is carried out inside an existing building that does not affect the external walls of the building.



laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building

work, subdivision work or demolition work involved had not been commenced by that date.

Note. Principal certifying authorities and principal contractors must also ensure that signs required by

this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty

of $1,100).

S98B Notification of Home Building Act 1989 requirements (1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed

as conditions of a development consent for development that involves any residential building

work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989 must not be

carried out unless the principal certifying authority for the development to which the work

relates (not being the council) has given the council written notice of the following information:

(a) the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the

number of the owner-builder permit.


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(3) If arrangements for doing the residential building work are changed while the work is in

progress so that the information notified under subclause (2) becomes out of date, further work

must not be carried out unless the principal certifying authority for the development to which the

work relates (not being the council) has given the council written notice of the updated

information.



laws.

S98E Condition relating to shoring and adequacy of adjoining property (1) For the purposes of section 80A (11) of the Act, it is a prescribed condition of development

consent that if the development involves an excavation that extends below the level of the base

of the footings of a building on adjoining land, the person having the benefit of the development

consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation,

and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

(2) The condition referred to in subclause (1) does not apply if the person having the benefit of the

development consent owns the adjoining land or the owner of the adjoining land has given

consent in writing to that condition not applying.

Please be advised if this consent is for an entertainment venue, then there are further prescribed conditions that apply under clauses 98C and 98D of the Environmental Planning and Assessment Regulation.


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222-228 Princes Hwy, Sylvania Elevations

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Oro N.

Issue 0

DEVELOPMENT APPLICATION

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NOT FOR CONSTRUCTION


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Nelson Ferreira


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Gurinder Walia -97100362

File Ref: PAD15/0078

17 August 2015

1301011000102030110011332212231033213

N Ferreira

1/228 Princes Highway

SYLVANIA NSW 2224

Dear Sir

Pre-Application Discussion regarding construction of a mixed use development comprising 7 retail and 12 units and parking at No. 222 -228 Princes Highway, Sylvania.

Council refers to the pre-application meeting (PAD) held on Meeting on 5 August 2015 regarding the

above development proposal. Team Leader Luke Murtas, Gurinder Walia (development assessment

officer) and Peter Brooker (Architect) attended the meeting on behalf of Council and Nelson Ferreira and Murray Naylor attended on behalf of the applicant.

This letter is not a complete assessment of the application but is intended to address the major issues

likely to arise if an application is submitted. All development applications are required to be

accompanied by a Statement of Environmental Effects that must address all relevant Environmental

Planning Instruments, Development Control Plans and relevant controls. The contents of this letter do

not bind Council to granting consent for the development if an application is made for such a

proposal.

The Site and Proposal:

The site is located on the eastern side of Prices Highway, Sylvania. The site is irregular in shape and

has curved combined frontage of approximately 50m to Princes Highway. Existing on the site is a

dated "shop top housing" style development.

Adjoining to the site to the south and east are 1 & 2 storey residence, whilst to the north are shops. To

the west across the Prices Highway are low density dwellings.

The proposal is to demolish the existing structures and to construct 7 retail units with 4 two storey

dwelling on top fronting Princes Highway. Eight, 3 storey Multi dwelling units are proposed at the rear


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side of the site with double garage and court yard on ground level. The primary access to dwellings is

proposed from the first floor podium level. The proposal is preliminary in its concept for exploring

development potential of the site. The application proposes 12 car parking spaces behind the retail

units and 16 spaces within the double garages.

The land is zoned B1- Neighbourhood Centre under the provisions of Sutherland Shire Local

Environmental Plan 2015.

Comments on the Proposal:

The following comments are provided in respect to the concept plans presented for consideration at

the meeting.

1. Permissibility

SSLEP 2015 provides that 'shop top housing' and 'multi dwelling housing', are permissible uses of the

subject land. The configuration presented to Council could be interpreted as being a residential flat

building given the unified nature of the building caused by the podium link.

During the course of the meeting, it was pointed out that the having first floor podium slab is

construed as a residential flat building which is a prohibited development under SSLEP 2015. An

option of breaking up the built form should be explored so that the development can fit into the

definition of shop top housing / multi dwelling housing to satisfy its permissibility under the provisions

of SSLEP 2015.

2. Activation of rear laneway

The site is currently accessible from the Princes Highway. A possibility to provide access and to

extend a laneway to the rear of the site was discussed during the meeting. The applicant could

explore the possibility of extension of their access way between adjoining properties to provide

access from rear to the site with Public Assets Engineers. Currently, there is no proposal at Council to

acquire land to provide laneway access to the site.

3. Parking and access

A critical element of the application will be the provision of all required parking to be on site and

ensuring that parking and manoeuvring allows for the safe entry / exit from the site in a forward

direction.

Council's Development Control Plan requires a minimum 24 car parking spaces for townhouse

development (@ 2 spaces per 3 bedroom unit) and 13 spaces for retail area (@ 1 per 30m2) ie 27

spaces in total. The application proposes a total of 28 parking spaces (16 spaces in garage + 12 car

spaces) for the proposed development, thereby presenting a shortfall of 9 spaces. Nothing has been

presented to Council at this stage demonstrating that a compliant scheme cannot be achieved or that


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local conditions justify non-compliance. Council would expect that full compliance be achieved in any

future application.

The access to the site is proposed from the Prices Highway. In this regard an input from the Roads

and Maritime Services is required in relation to the road works and entry location. Early consultation

with this authority is highly recommended. It is advised that the driveway be relocated to the northern

extremity to allow for improved sightlines and road safety.

It is noted that no loading / unloading facility has been proposed. Any future application should

incorporate details of loading / unloading facility for the proposed development. The parking and

loading / unloading areas must be designed to comply Australian Standard AS 2890.1 & 2890.2 as

amended. It is advised that before finalising a DA, you must confirm the driveway location, access

and alignment with Council's Public Assets Engineer s and Roads and Maritime Services.

4. Density and height controls

During the course of the meeting an issue was raised in relation to the potential for increased building

density and height controls. In this regard, it is advised that the recently gazetted development

standards applicable under SSLEP 2015 prescribed a maximum Floor space ratio of 1:1, maximum

height of 9m and minimum landscape area of 10% for the subject site. Council would expect full

compliance with these controls. Any substantial variations to these development standards may be

considered for a site specific Planning Proposal that would require consultation with Council's

Strategic Planning Division. In this regard, you may contact Council's Manager, Strategic Planning.

5. Solar access and Private Open Spaces

Perusal of the plans submitted indicates that the private open spaces are oriented along the eastern

side of the development. During the meeting, an option of flipping over of garages and open spaces

were discussed in order to benefit future development; balancing this requirement with parking and

other site demands.

6. Adaptable Housing

The proposal as submitted does not make provisions for 'adaptable dwellings' in accordance with the

applicable development control plan to allow for 'aging in place'. Council's DCP requires 30% of the

dwellings to be proposed as adaptable housing. The adaptable dwelling must be designed in

accordance with Australian Standard A54299 — Adaptable Housing. Any future application must

nominate a minimum of 4 dwellings as capable of Adaptable housing and any parking relating to

those dwellings must be designed accordingly.

7. Architectural Review Advisory Panel (ARAP)

The proposal may be subject to review and evaluation of its quality in terms of architectural design

and input from Council's Architectural Review Advisory Panel (ARAP) A pre-application discussion


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with ARAP is strongly recommended before refining your proposal any further. You are advised to

contact Colleen Baker, Council's Architectural Review Advisory Panel Co-ordinator on 97100551 for

further information.

Conclusion:

The proposed land use, so long as it is a multi dwelling development or shop top housing, appears to

be reasonable in principle subject to addressing the issues raised in this letter in the detailed design.

The proposal needs to satisfy the permissibility issue as raised earlier in this letter. There are

significant issues in relation to vehicle access and building massing which need to be resolved.

It is important to note that the information provided in this letter is based on the planning instruments

applicable at the time of writing. You should make yourself aware of any subsequent changes to

legislation or local planning controls before lodging your development application.

For detailed information about how to prepare and lodge a development application, please refer to

the "Development" section of Council's website (www.sutherlandshire.nsw.gov.au).

On the web page a "DA Guide" is available and an online tool called "Development Enquirer" which

searches the applicable planning instruments for the planning controls relevant to your site and

development.

Council's Development Enquiry Officers are also available to assist you with the lodgement

requirements for your application (9710 0520).

Please contact Council if you believe any of the above information to be incorrect or if you need

clarification of the advice provided. Your initial point of contact should be Gurinder Walia (9710 0362)

as this is Council's development assessment officer who will most likely be responsible for the

assessment of your DA.

Yours faithfully

Mark Adamson

Manager — Projects and Development Assessment

for J W Rayner

General Manager


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APPENDIX "D"

SUBMISSION SUMMARY (from original formal notification period)

Address Date Issue

1 267 Princess Hwy,

Sylvania

27/4/16 • Height – out of character

• Traffic safety existing entering the site – visibility

(blind spot)

• Insufficient parking

2 45 Sylvan St, Sylvania 21/4/16 • Increased truck and car parking on Sylvan St due to

increased residents and business patronage

including across driveways.

3 14 Sylvan St, Sylvania 21/4/16 • Bulk /scale/ height – reduce the number of

dwellings

• Increased traffic

• Impacts of construction traffic

• Traffic safety due to the entry and exit from Princes

Hwy

• Increased car parking on Sylvan St due to

increased residents and business patronage.

• Alternate access from the rear of the site should be

provided.

4 21 Sylvan St, Sylvania 22/4/16 • Non compliance with LEP and DCP.

• Increased car parking on Sylvan St due to

increased residents and business patronage.

• Privacy

• Overshadowing

• Noise

• Height

• Excavation of basement may affect 21 Sylvan St

• Property depreciation

5 40 Sylvan St, Sylvania 23/4/16 • Increased car parking on Sylvan St due to

increased residents and business patronage,

impacting upon Sylvan Road which is a narrow

width once cars are parked on both sides.

• Turning from Sylvan Road to Princes Highway (left)

is already very difficult.

• Height

• Increased traffic from future resident using Sylvan

St.


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6 19 Sylvan St, Sylvania 23/4/16

and

5/5/16

• Impact upon residential amenity, out of character

with surrounding residential area

• Overdevelopment: Density/ Bulk and

scale/FSR/Site coverage/height

• Access

• Landscaping – removal of tree without landowners

consent of 19 Sylvan St.

• Privacy

• Noise

• Open space

• Inadequate parking

• Traffic and parking impact (Sylvan Road as a

thoroughfare for cars heading north) and car

parking.

7 27 Sylvan St, Sylvania 23/4/16 • Overdevelopment.

• Solar access.

• Noise.

• Increased traffic in Sylvan St.

• Privacy.

• Entry and exit to the site is in a dangerous location

(increased traffic accidents).

• Parking impacts on Princess Highway due to

shops.

• Sets precedent for other development similar to that

proposed.

• Height.

• Impact on property value

8 17 Sylvan St, Sylvania

(three submissions the

same- two includes the

declaration of gifts and

donations)

24/4/16,

and

25/4/16

• Does not comply with the LEP and DCP

• Traffic (Sylvan Road as a thoroughfare for cars

heading north) and car parking.

• Loss of vegetation

• Over development (site too small for this scale of

development) – (shortfall on communal and open

space, height, FSR, rear setback)

• Privacy

• Overshadowing

• Safety (entry/exit from the site to the Princes

Highway)


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• Waste collection from Princess Highway –

problematic – should have basement collection.

• Noise from loading and delivery.

• Security (driveway and basement being accessible

at all times)

• Decrease property value

• Increase storm water runoff

• Damage from excavation at boundary

• Remove driveway along rear to basement

9 26 Sylvan St, Sylvania 24/4/16 • Safety (entry/exit from the site to the Princes

Highway)



• Height

• Height of the building will impact upon outlook.

10 13 Sylvan St, Sylvania 25/4/16 • Privacy

• Vista to the skyline and trees currently viewed from

backyard this will be impacted




• Noise from the proposed basement entry and

vehicular movements

• Noise from increased number of residents

11 18 Sylvan Rd, Sylvania

Heights

25/4/16 • Traffic (Sylvan Road as a thoroughfare for cars



Highway as well as turning from Sylvan St to the

Princess Highway

• Height

• Vista to the skyline and trees currently viewed from

backyard this will be impacted

• Bulk

• Privacy

12 33 Sylvan St, Sylvania 26/4/16 • Traffic (Sylvan Road as a thoroughfare for cars




Princess Highway

• Height


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• Solar Access

• Height

• Traffic/pedestrian safety (Sylvan Road as a


parking.



Princess Highway

• Waste Management – on street garbage pickup an

issue.


14 (no address provided) 26/4/16 • Traffic (Sylvan Road as a thoroughfare for cars




Princess Highway

15 38 Sylvan St, Sylvania 27/4/16 • Traffic/pedestrian safety (Sylvan Road as a


parking.



Princess Highway

• Height

16 Sylvan St, Sylvania, no

street number provided

(two emails, one written

one with photo)

27/4/16

and

28/4/16





Princess Highway


• Height





Princess Highway

• Property value

18 Anonymous 6/5/16 Overall objection


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SUBMISSION SUMMARY - submissions regarding amended plans

Address Date Issue

1 19 Sylvan St, Sylvania 6/12/16 • Impact upon residential amenity, out of character

with surrounding residential area

• Overdevelopment: Density/ Bulk and

scale/FSR/Site coverage/height

• Access

• Landscaping – removal of tree without landowners

consent of 19 Sylvan St.

• Privacy

• Open space

• Noise

• Inadequate parking

• Traffic and parking impact (Sylvan Road as a


parking.

2 27 Sylvan St, Sylvania 26/10/16 • Overdevelopment.

• Solar access.

• Noise.

• Increased traffic in Sylvan St.

• Privacy.

• Entry and exit to the site is in a dangerous location

(increased traffic accidents).

• Parking impacts on Princess Highway due to shops.

• Sets precedent for other development similar to that

proposed.

• Height, currently on two storeys now proposing

three storey height.


3 17 Sylvan St, Sylvania

(three submissions the

same- two includes the

declaration of gifts and

donations)

31/10/16 • Does not comply with the LEP and DCP (height) –

should only be 12 units.

• Traffic and car parking(Sylvan Road as a


parking.


• Over development (site too small for this scale of

development) – (shortfall on communal and open

space, height, FSR, rear setback)

• Privacy


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• Overshadowing


Highway)

• Waste collection from Princess Highway –

problematic – should have basement collection.

• Noise from loading and delivery.

• Security ( driveway and basement being accessible

at all times)

• Decrease property value

• Increase storm water runoff

• Onsite parking

• Damage from excavation at boundary

• Remove driveway along rear to basement, access

to the basement should be from the front of the site


• Height





Princess Highway

• Property value


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PLN038-17 PROPOSED MODIFICATION TO APPROVED CRONULLA SHARKS RETAIL DEVELOPMENT - ADDITION OF 222 APARTMENTS, 125 ROOM HOTEL AND 308 PARKING SPACES

Attachments: Appendix A and Appendix B

EXECUTIVE SUMMARY

• Capital Bluestone (the developer) has submitted an application to the NSW Department of

Planning and Environment to modify the preserved Part 3A approval to the approved Cronulla

Sharks Retail Development.

• The proposal includes the addition of 222 apartments, a 125 room hotel, 308 parking spaces,

an envelope for a future Sharks Centre of Excellence, and other consequential changes.

• The proposal has been placed on public exhibition, with Council receiving a briefing on the

proposal by the proponent.

• Council officers have made a draft submission and the matter is now reported to Council to

provide the opportunity for Council to alter or add to the submission.


The submission on the proposed modification of the Sharks Retail Development attached as

Appendix A, be endorsed.


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PURPOSE

The purpose of this report is to provide the opportunity for Council to consider the draft submission

made in regard to the modification application to the Cronulla Sharks Retail Development, a copy of

which is attached as Appendix A.

BACKGROUND The modification application includes the proposal to amend the Sharks Retail Development by adding

222 apartments and a 125 room hotel with additional parking. This will be assessed by the NSW

Department of Planning and Environment and determined by a State Government Panel or delegate.

Council has the opportunity to make comment in the same way as other stakeholders and members of

the community. As the deadline for submissions has passed, Council officers have made a draft

submission and are seeking Council’s comment, with the opportunity for a further submission.

DISCUSSION

The modification applies to the eastern end of the site where the stadium is located and a shopping

centre has already been approved. The modifications comprise of:

• 222 apartments located above the shopping centre up to a height of 16 stories including the

podium, which is marginally higher than the residential development under construction to the

west;

• Inclusion of a 125 room hotel for short stay visitor and tourist accommodation in a separate

building near the shopping centre entry;

• An additional 308 car spaces to serve the new uses, located above the shopping centre forming

a podium for the residential towers;

• A building envelope at the western side of the stadium south of the ET Stand up four storeys in

height to accommodate a future Sharks Centre of Excellence;

• Changes to access, circulation, building design and the like to accommodate the modification

application and refine the proposal, with the addition of a community room;

• A total additional floor area of approximately 40,000sqm.

Images of the proposal are attached as Appendix B. Detailed information is available on the

Department of Planning and Environment’s website at:

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=8269

The themes of the draft submission are that the additional development will help support the vitality of

the new centre and that the short stay accommodation is most welcome, consistent with the unmet

demand identified in Council’s Destination Management Plan.

http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=8269


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The challenges presented relate to traffic management, parking provision and management, the scale

of the development relative to the context of the local area, and integrating the development into the

immediate surrounds so that it is not insular.

Given the very considerable uplift being sought, there is also an opportunity for the broader community

to enjoy a benefit to offset the impacts of the development.

The response to the challenges ought to be ways to ameliorate impacts. For example, in relation to

traffic, provision of alternate means of travel would help reduce trip generation. These could include a

direct shuttle bus to Woolooware Train Station for shopping centre visitors, hotel guests and new

residents, provision of a car share facility (such as ‘GoGet’), and provision of bicycle hire/exchange at

this location and other nearby destinations.

The attached draft submission explores all of these issues in greater detail.


Additional development will generate additional rate income, though create additional costs to Council

in supporting new residents and visitors. There is potential for Council to secure a positive outcome by

seeking a share of the financial windfall from the proposed additional development for the community.

POLICY The Concept Plan and Project Approval for Woolooware Bay Town Centre were approved under Part

3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) by the Planning Assessment

Commission under. Part 3A of the EP&A Act was repealed in October 2011, however, transitional

provisions were enacted that provide for the continuation of the Part 3A assessment and approval

mechanisms for designated transitional projects, including Woolooware Bay Town Centre.

CONCLUSION The attached draft submission has been made on Council’s behalf to the exhibition of the Shark’s

proposal to expand development on the retail component of the new centre. Council now has an

opportunity to alter or add to the submission to bring issues to the attention of NSW Planning and

Environment in its assessment of the application.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Director Shire Planning, Peter Barber,

who can be contacted on 9710 0373.


Administration Centre 4-20 Eton Street, Sutherland NSW 2232 Australia Please reply to: General Manager, Locked Bag 17, Sutherland NSW 1499 Australia

Tel 02 9710 0333 Fax 02 9710 0265 DX4511 SUTHERLAND Email [email protected] www.sutherland.nsw.gov.au ABN 52 018 204 808 Office Hours 8.30am to 4.30pm Monday to Friday

Sutherland Shire COUNCIL

Amanda Trehame -9710 0462 File Ref: DN17/0008

20 April 2017

1,11111111111111111111,111,111iiiill,

Department of Planning & Environment Email: [email protected]

Dear Sir/Madam

Proposal: Modification to the Concept Plan and Project Approval for Woolooware Bay Town Centre (MP 1O_0229 MOD 2 & MP 10_0230 MOD 6)

Property: 455 Captain Cook Drive, Woolooware

Thank you for the opportunity to comment on the above development proposal. Prior to finalising the comments below, I have taken the opportunity to meet and discuss them with Matt Crews of Capital Bluestone.

1. Nature of the modification

The proposed modification represents a significant increase in the scope of the approved development (approximately + 40,000m2 GFA) and significantly increased building heights compared to the Concept Plan and Project Approval. This raises the question as to whether a modification under s.75W is the appropriate mechanism for assessment of the proposal.

2. Project justification

The Draft South District Plan's five year housing target is 23,500 dwellings. The portion assigned to Sutherland Shire is 5,200 dwellings. This target will easily be delivered under the provisions of SSLEP2015, based on the rate of dwelling approvals since the LEP came into place.

The proponent's justification for the tourism and visitor accommodation (Section 4.2) is based on a widely accepted need for short-stay accommodation. Council strongly supports the provision of short stay accommodation and requests that, if approved, there be conditions requiring it to be used as such in perpetuity.

3. Planning and Design matters

Bulk and Scale The proposed buildings sit on a heavy podium of retail and parking, and the buildings appear to be more tightly clustered together. They appear bulkier than the approved


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earlier stages. The proposed development will further change the character of the locality and is inconsistent with the site's broader context.

Amenity The building forms generally appear to have separation compliant with the Apartment Design Guide (ADG) minimum requirements, with the exception of the interface between Buildings A and B. This should be increased to 18m by reducing the length of Building B or the applicant advised that it will need to be addressed by defensive façade design at DA stage.

Street level activation Condition 2 of the Concept Plan Future Environmental Assessment Requirements — requires that design of the retail and club precinct activates the ground level and sufficiently articulates the elevations. Council has consistently raised this issue and continues to believe that a positive, active interaction with the public domain is critical.

The provision of residential development at the upper levels is seen as an opportunity to activate areas on the ground floor that currently provide an inactive interface with the public domain. For example, the ground level residential foyer midway along Captain Cook Drive should be generous and prominent. The applicant advised that this will be a prominent entry with a high ceiling, and this should be reflected in a condition of the concept approval.

There is also an opportunity to make use of the 'garbage lift' at the western end of Building C to both activate the space at ground level and provide residents with direct access to the foreshore area. Residents would otherwise need to navigate through the car park or shopping centre and use multiple vertical circulation points. The applicant indicated that they were willing to pursue this, and this enhancement should be required in amended plans or by condition.

The same applies with respect to the proposed hotel. The current proposal makes no provision for a clear street entry, with a single lift proposed from street level shared with the club and retail patrons. It would be ideal if the hotel had its own presence at ground level, however, with the current design there is a commercial space and loading dock beneath it.

If the proposal was designed from the beginning as a mixed use development, it is likely that a better solution could have been arrived at. It is understood that the main and ceremonial entry to the hotel is from the elevated street shared with the club. At the very least there needs to be a clear strategy of signage or other way-finding cues to direct visitors.

Way-finding In terms of the proposed residential entries, way finding for the buildings will be difficult. No separate street entry is provided for the individual buildings (A — D) with access from street level obtained via one central lobby area. This lobby provides access via two lifts to the upper levels. At Level 7 a map of the individual buildings would be required to assist visitors in finding the apartment they wish to visit.

Please reply to: General Manager PHONE (02) 9710 0333 DX4511 SUTHERLAND LOCKED BAG 17 SUTHERLAND NSW 1499 AUSTRALIA ABN 52 018 204 808 ADMINISTRATION FAX: (02) 9710 0265


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Each building has separate lift access to the various car park levels, but there are only two lifts that access the street level lobby and mail boxes directly from the residential podium level. The applicant explained that mail will be delivered to a central location and distributed by the site manager in the same way that currently occurs in Stage 1 by arrangement with Australia Post. This arrangement should be a requirement of any approval to avoid congestion in the lifts and street level lobby.

Materials and finishes The proposal includes a large extent of carpark, elevated above the retail centre, and visible from the surrounding area. Ideally the carpark would be wrapped with residential units, reducing the overall height of the buildings and providing a more active facade. This would provide more casual surveillance and increase the architectural interest, particularly to the foreshore elevation.

Failing the above, Council requests that more detailed information (sections and materials board) be provided in order to ensure the quality of the car park facades.

Design principles A number of the issues raised above and below point to a fundamental question about the planning and design of the building. The proposal is to add residential apartments and a hotel to an approved retail building, when what is actually contemplated is a mixed used development. If the outcome is to be a successful, integrated mixed use building, it ought to be designed that way from the beginning.

It is unlikely that a purpose designed mixed use development would take the form that is now proposed in terms of how the various uses relate and interact with each other and the public domain. The opportunity to achieve an optimal outcome is now, before construction commences. It is acknowledged that actions taken based on the current approval may present a challenge to major design changes.

4. Parking and Traffic

Context The subject site is isolated from other existing centres and key transport nodes within the Sutherland Shire. The only means of public transport readily proximate to the site is the recently established bus service.

With the residential stage 1 now occupied, there is already an acute parking problem on site and in the local area. New residents are experiencing difficulty finding sufficient parking and are impacting the users of adjacent sporting facilities. Council has had to gate off nearby public parking areas and is contemplating installing signs to time limit public parking, which will further frustrate new residents. Stages 2 and 3 of the residential development are yet to be completed and will inevitably worsen the problem once occupied.

If supported, the parking rates applied to the additional residential apartments need to be carefully considered in response to the outcomes of stage 1 being occupied.

The traffic analysis submitted with the modification and Council's own observations show that major existing intersections in the vicinity of the subject site are already at



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capacity, or experience significant delays on some approaches during peak periods (Taren Point Road and Captain Cook Drive; Gannons Road and Captain Cook Drive; Gannons Road and Kingsway).

The information available indicates that the proposed substantial uplift in development will exacerbate the effects on the local community in terms of traffic, as well as placing further pressure on limited on street parking.

Options The local population has a documented high car ownership rates and usage, which has been confirmed now that stage 1 is occupied. The area is not well serviced by public transport. Alternative means of transporting people to and from the site need to be considered to reduce traffic generation rates.

The applicant is seeking to rely on the existing bus service as the key means of alternate transport, stating that the increased density will lead to increased usage of the service and potentially improve the frequency of buses (currently half hourly). Additional cycle measures are also proposed to be put in place to encourage alternative means to private car usage.

The Green Travel Plan (GTP) submitted by the proponent is generally reasonable and realistic with regard to how it intends to motivate / encourage tenants and residents to use alternative transport options and minimise car dependence. However, in light of the significant increase in development proposed and the pressure this will place on local infrastructure and the community, Council believes that additional options should be considered.

Car share scheme One option is a requirement for the provision of a car share scheme. Correspondence from a car-share provider ("Go-Get") is submitted with the application but does not appear to have been included as an option in the GTP. The car-share arrangement may assist to off-set the 'second car' demand typical of the Shire resident. The number of cars and dedicated vehicle spaces for the car-share can be resolved as part of the modification process. The applicant advised Council that they have progressed consideration of this option and would be willing to add it to the list of commitments.

Shuttle bus The second measure which the Council would like to see implemented to assist with management of the impacts of vehicle movements to and from the site, is the provision of a shuttle bus. The modification introduces two further landuse activities to the site — namely a hotel and more residential accommodation. This adds to the approved retail and commercial activities, child care centre, gymnasium, and sports club. The site adjoins a very popular rugby league playing field.

The ideology behind the shuttle bus is not new as it formed part of the Terms of Approval required to be met by the proponent as part of the original Concept Plan (MP 10_0229). It preceded the public bus service and was provided on the basis of the need for alternative means of transport (other than private car usage) to enable access to and from the otherwise isolated site.



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While the shuttle bus was considered redundant with the provision of the public bus service, there may be a need for both transport options to ameliorate the impacts of the additional development proposed. The current bus service does not go to Woolooware station (the station closest to the site), instead providing a circuitous route to Cronulla station, then on to Caringbah and Miranda. This route is evidently needed by the broader community, but in terms of facilitating the Woolooware Bay Town Centre, a more direct service to Woolooware station is considered necessary.

The distance to walk to Woolooware station from the subject site is lkm to 1.4km. This is too great a distance to encourage future residents (particularly commuters) or hotel patrons to walk. A half hourly bus service to a station further afield is not practical.

The way in which it is envisaged that the shuttle bus would work is as a general purpose, all-encompassing service offered by the management of the Woolooware Bay Town Centre. It would be located on Level 3 in the central roadway, outside the club and hotel area and would be available to all residents, club patrons, hotel guests or shoppers. It would specifically facilitate short trips to Woolooware station and back, with other destinations potentially included in the future if! or as required.

The key benefit of the shuttle bus would be to reduce car trips to and from the site, particularly for commuters. Parking in the streets surrounding Woolooware station is already difficult and the proposed modification will exacerbate this. The shuttle bus service would also offer a transport alternative on club game days when traffic is extreme and on-street parking is severely limited.

Traffic Generation and Impact Aside from the proposed intersection works to facilitate traffic movements onto the site, the conditions of the current Project Approval do not require the proponent to undertake or make any contribution to works on the wider road network to ameliorate the impact of the traffic that will be generated from the approved development.

The proposed increased development will generate additional traffic, which will result in further delays in the surrounding road network and is not supported from a capacity point of view unless alternative transport means are provided.

It should also be noted that the State government has no major transport infrastructure planned and funded for the Sutherland Shire. Apart from road 'pinch-point' improvements, there are no new rail lines, metro lines, bus ways, tunnels, motorways or the like proposed to ease current road traffic problems or provide additional primary or secondary road capacity for future development.

Parking Management Given the scale and complexity of allocation of allocating parking for the different user groups, in the event that the MOD is approved, a condition should be imposed requiring the provision of an electronic dynamic parking guidance system as recommended in Section 5.3 of the TMAP.

There may also be value in the hotel having access to its own parking spaces within the hotel building footprint accessed from the upper level internal road as a means of



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potentially increasing parking numbers, but more importantly making the arrival sequence simpler for visitors.

Vehicle Access / Internal Layout The increased vehicle numbers and movements as a result of the modification will likely require redesign of the exit driveway on Woolooware Road North as insufficient queuing distance is available.

5. Landscaping

Green Walls The proposed 'Green Wall' on the southern boundary intended to screen the car park on Levels 3 - 6 is extensive and highly visible when looking north along Gannons Road, Woolooware Road and Captain Cook Drive. The wall presents well in plan and in the rendered images provided, however, vegetation is temperamental on a southern elevation and difficult to maintain in the long term. Planting should not be relied upon to hide otherwise unsatisfactory architecture.

An improved outcome would be residential development wrapped around the parking levels to assist in activating these frontages. If this option is not feasible, a more decorative facade treatment of a permanent nature should be explored in combination with the planting.

Level 3 Elevated Street Plans approved under the original proposal indicate extensive landscaping! associated tree planting within the elevated street on Level 3. Unfortunately this appears to have been significantly reduced to support more sky lights and pedestrian paths. Ideally opportunities should be sought to increase canopy cover where possible to offset the bulk and scale of the development, to provide shade, and to improve the entry sequence into the Club from the car park.

Level 7 Rooftop Communal Open Space Planting areas to support trees on the Level 7 rooftop area should be achieved through a combination of setting planting down within the floor slab, raised planter boxes and raised paths. Mounding alone is not supported. More detailed information (in the form of cross sections and elevations) should be provided to show how and where this will be achieved.

Species Selection In addition to being located within close proximity to an Endangered Ecological Community (Estuarine Swamp Oak Forest) - the subject site is located within a Greenweb Support Area. All new tree plantings and 80% of understorey plants should ideally be indigenous species.

Species such as Liriope muscari/spicata, Raphiolepis id/ca, Lomandra hystrix and Pennisetum alopecuroides are weeds (Sydney Weeds Committee, 2012) and must not be included.



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6. Contamination

General Condition B1 Remediation of the Project Approval for the retail development (MP 10 0230) required remediation of the site. The condition specifies that the remediation be undertaken in accordance with the Remediation Action Plan (RAP) prepared by DLA Environmental and required that a site audit statement be prepared by an accredited site auditor verifying that the land is suitable for the proposed uses, in accordance with the requirements of State Environmental Planning Policy No.55 - Remediation of Land.

The subject modification introduces new land uses to the site (residential and visitor accommodation). This is not addressed in the MOD submission, particularly with respect to the contaminated land and soil gas management. Council requests that the proponent be required to obtain interim site audit advice from a NSW EPA site auditor to address the suitability of the site for the proposed new land uses.

7. Biodiversity

The proponent's submission includes a report prepared by Ecological Australia titled Review of Noise, Light and Bird Strike. The report is too generic, failing to adequately address the proposed increase in building height from 4 to a maximum 16 storeys and the potential impacts that the built form may have on bird strike or in terms of lightspill on the adjacent fauna. This report is not adequate to enable a complete assessment of the impacts of the proposal.

The adjacent mangroves, Woolooware Bay and Towra Point provide habitat for microbats and other fauna that rely on natural ambient light conditions for their lifecycle. The field surveys on which the report is based are at least 5 years old. A new fauna survey should be carried out which can assess the impacts that have already occurred through construction of Stages 1 & 2.

All fauna potentially using the adjacent habitats should be surveyed. A report showing the available habitat, the species that might occupy that habitat, a survey showing if those species are using the habitat, the likely impact the new level of development would have on those species and recommendations to reduce these impacts should be provided.

Council is aware that microbat surveys have been done more recently for other stages of the proponent's development. The data from the nnicrobat surveys should be reviewed to determine if it is sufficient for the proposed modification.

The report describes the work put into monitoring local fauna, specifically Green & Golden Bell Frog, Bats and Birds in the past, but it does not actually provide the results of those surveys. It also fails to include recommendations for the proposal in relation to these field surveys and if those recommendations are still valid given the significant built form changes under the proposed modification.

It is questionable as to whether the government decision (17/5/2011) with respect to the original Concept Plan is applicable to the proposed modification in terms of the



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Commonwealth Environment Protection and Biodiversity Conservation Act, 1999. The nature of the subject modification is such that a referral may be required to confirm that the development is not a controlled action under this Act.

In summary, the biodiversity assessment submitted in support of the proposed modification is inadequate. A new report should be prepared addressing the specifics of the proposal, with current survey data and incorporating mitigation measures to ensure the impacts for the local fauna are minimised and acceptable.

8. Community benefit

As there is an approval in place that is reflected in the planning controls applying to the site, the proposed additional development effectively has no land cost component. The return on the additional residential units in particular is therefore much higher than typical development, delivering a potential profit windfall of tens of millions of dollars.

Given that the community will experience some detrimental impact (as described above) as a consequence of the additional development, it would seem fair that the existing community shares in the financial windfall. This ought to over and above the facilities and services needed to support the new population that comes with the development, which are typically covered by consent conditions requiring works and by s.94 contributions.

The development site is located on a regional cycleway and now includes provision for a bike share scheme. To capitalise on this, as an example, further work could be done to improve or extend cycle links to the new Greenhills sporting complex. Council is also contemplating renewing the nearby Caringbah aquatic centre, as a further example.

It is acknowledged that Capital Bluestone has taken an interest in the local community and continues to sponsor and support local events and community groups. The opportunity here is to share in a significant one-off uplift benefit that approval of this proposal would generate.

Council would be willing to work with the Department and the proponent to explore community benefits that could be realised in conjunction with the development, which could be by way of capital works or an additional monetary contribution toward a larger project.

9. Summary

In developing this proposal an approach has been taken to simply keep adding more built form to the top of the approved (but not constructed) development. For a development of this scale and complexity, this strategy may not provide the best outcome for the site and locality. Large areas of the above ground car park are exposed and most of the foreshore at the lower levels and a large portion of the Captain Cook Drive frontage is inactive.



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The development must be thought of as an integrated mixed use proposal, and the site planned, access arranged, and buildings designed accordingly. One approach would be to wrap the car park with residential building and provide more ground level entrances to the residential towers.

Local intersections within the vicinity of the site are already operating at capacity and proposed increase in development on the site will worsen the situation, with no works proposed to ameliorate the impact. To off-set the likely traffic and parking congestion alternative transport options to private car usage need to be explored, especially a direct bus to Woolooware Station and a car-share scheme.

Concern is raised with respect to the scope of the modification and the extent of variation from the approved Concept Plan and Project Approval. The applicant stands to benefit substantially from the proposed uplift in development on the site. It is reasonable that the community in which the development sits shares in the uplift windfall as an off-set for the likely impacts.

If you need any clarification of the above comments, please contact Council's Development Assessment Officer Amanda Treharne on 9710 0462 or email [email protected] and quote the application number in the subject.

Yours faithfully

-6„ Peter Barber Director, Shire Planning



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Photomontage looking toward the retail precinct showing residential towers (to the left) and hotel

(to the right) above the approved shopping centre.

Photomontage looking east on Captain Cook Drive - retail entry in the centre, with hotel tower to

the left and residential towers to the right above a podium on top of the retail centre.


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PLN039-17 UPDATE ON FLOODING NOTATION FOR 66 ALEXANDER AVENUE, TAREN POINT

Attachments: Nil

EXECUTIVE SUMMARY

• The owner of the property at 66 Alexander Avenue, Taren Point (Lot 8 DP 12509) is proposing

to establish a waste recycling and management centre on the property.

• The property is affected by overland flooding in the 1% annual exceedance probability (AEP)

event as indicated in the 2013 Gwawley Bay Catchment Flood Study.

• Given this level of flood affectation, the proposed development would be classified as

designated development under the Environmental Planning and Assessment Regulation 2000,

and would therefore require an environmental impact statement (EIS) to be prepared. The

applicant is now proposing minor works at the property driveway and site frontage to eliminate

flooding on the site in the 1% AEP event and so avoid the need to prepare an EIS.

• Once flood mitigation works are approved and undertaken to Council’s satisfaction the flood

notation on the Section 149 planning certificate can be amended to include that the land is no

longer within the 1% AEP floodplain.


THAT:

1. The flooding notation on the Section 149(2) Certificate for 66 Alexander Avenue (Lot 8 DP

12509) Taren Point be amended to indicate that the land is no longer within the 1% AEP

floodplain, following approval and construction of the required site frontage and driveway

works and receipt of an appropriate 'Works as Executed' drawing.

2. The updated Section 149(2) notation be amended to state: The land has been identified as being within the low flood risk precinct based on the 2015

Gwawley Bay Catchment Floodplain Risk Management Study and Plan. The property is

affected by flooding in events above the 1% AEP flood up to the probable maximum flood

(PMF).

Council has by resolution adopted a policy to restrict the development of the land because of

the likelihood of flooding as the land is classified as flood liable under the NSW State

Government Flood Prone Land Policy. The Draft Sutherland Shire Development Control Plan

2015 contains flood risk management maps and controls. The term flood risk relates to the

potential danger to personal safety and property. Refer to the NSW State Government

Floodplain Management Manual 2005 for further details. Further information on flood levels

may be obtained from Council's Stormwater and Waterway Assets Branch.


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3. Following completion of the required works, an amendment be made to the Draft Sutherland

Shire Development Control Plan (SSDCP) 2015 - Flood Risk Management Maps, following the

making of SSDCP2015 and as part of the next round of DCP amendments.

4. The General Manager, the Director of Shire Infrastructure and the Director Shire Planning be

granted delegation to make amendments to Council policy with respect to road widening and

alignment, hazard risk restrictions, and flood related development controls.


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PURPOSE The purpose of this report is to recommend that, following the satisfactory completion of approved

works to reduce the risk of flooding in the 1% AEP event, the existing flooding notation, pursuant to

Section 149(2), for 66 Alexander Avenue, Taren Point (Lot 8 DP12509), be amended to reflect a

revised flood status.

BACKGROUND The property at 66 Alexander Avenue, Taren Point has been identified as flood prone since July 2008.

At that time, Council resolved to adopt Development Control Plan provisions for "initial assessment of

major flooding" properties when there is a known risk of flooding on these properties (PLN010-09):

5. That flooding notations to be added to the S149(2) Certificates for the additional properties that

have been identified in the flood risk maps as being subject to risk of flooding or potentially

subject to flooding.

On 21 September 2015, Council resolved to adopt the amended draft Development Control Plan 2015

for the purposes of assessing any development applications lodged under SSLEP2015 (DAP030-16).

Council's current Draft SSDCP2015 flood mapping also lists the land at 66 Alexander Avenue, Taren

Point as being subject to “Initial Assessment Potential Flood Risk” and the site is also identified in

SSDCP2006 as being subject to “Initial Assessment 1% AEP”. Therefore, the site is subject to flood

related development controls and Section 149(2) flooding notations remain unchanged.

The site is currently subject to the following S149(2) notation:

The land has been identified as potentially flood prone based on Council's initial assessment of

major flooding. Council has by resolution (PLN010-09) adopted a policy to restrict the

development of flood prone land in accordance with NSW State Government Flood Prone Land

Policy. Further investigation will be required and possibly a flood study, to determine the level of

flood risk on this land. Draft Sutherland Shire Development Control Plan 2015 contains flood

risk management controls.

DISCUSSION Pre-Application Discussion A Pre-Application discussion (PAD14/0100) was held with the property owner in December 2014

regarding the proposed use of the property at 66 Alexander Avenue, Taren Point for a development

deemed as waste management facilities or works.

The applicant was subsequently advised that the proposed use constituted designated development,

as the land is within a floodplain, pursuant to Clause 32 of Schedule 3 of the Environmental Planning

& Assessment Regulation (EP&A Regulation) 2000.


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The Schedule defines a floodplain as the floodplain level nominated in a local environmental plan or

those areas inundated as a result of a 1 in 100 flood event if no level has been nominated. The draft

SSDCP2015 identifies the land as being subject to ‘Initial Assessment Potential Flood Risk’, being

within the 1% AEP. Further, as per the Gwawley Bay Catchment Flood Study adopted by Council in

February 2013, the land is identified as being affected by the 1% AEP flood.

Designated development requires the preparation and submission of an Environmental Impact

Statement (EIS). The applicant was advised to provide a site-specific flood study and site

management plan. Furthermore, for the proposal not to be determined as designated development the

applicant must demonstrate that the development will not significantly affect the amenity of the

neighbourhood with respect to noise, visual impacts, air pollution (including odour, smoke, fumes or

dust), vermin or traffic (Clause 32 of Schedule 3), as the use was within 250m of a residential

development (Woolooware Shores).

Lodgement and Determination of Development Application A development application (DA15/0002) was lodged on 5 January 2015 requesting the fit out and use

of an existing industrial site as a waste recycling and management centre. On 15 January 2015, the

applicant was advised to withdraw the application due to the issues raised in the previous PAD. The

application was subsequently refused on 8 May 2015 because the application was not submitted as

designated development with an EIS and flooding impacts were not adequately addressed.

Consultation Post DA Refusal Following refusal of the DA, Council’s officers advised the applicant to engage a qualified engineer to

investigate and provide an assessment of flood impacts for the site. The applicant was advised to look

at possible mitigation works that could remove the 1% AEP flood affectation from the site and so

remove the need for the development to be considered as designated development. The applicant

was advised to demonstrate that the proposed mitigation works could be achieved without significantly

increasing off-site flood impacts. It would then be feasible to seek a Council resolution to amend the

Section 149(2) notation on the site. The mitigation works would need to be satisfactorily completed

prior to amending the notation. Any future approval for the use of the site would also be limited to 25

years.

On 21 December 2016, the applicant provided a Flood Impact Assessment Report from the

consultant, Jones Nicholson Consulting Engineers. Following an initial assessment and feedback from

Council, an updated flood report was received on 8 February 2017. The updated report addressed the

concerns raised, and concluded that minor works to the site frontage and driveway entrance would

prevent flooding of the site in the 1% AEP event without adversely affecting flooding of neighbouring

properties. The report concluded that following completion of works, the site could be classified as

being within the low flood risk precinct i.e. the land between the 1% AEP flood level and the probable

maximum flood (PMF). Flood related development controls, as specified in Chapter 39 of the SSDCP

2015 for areas within the low flood risk precinct, would continue to apply to the proposed development.


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In order to remove the current flood notations (and DCP mapping identifying the land as flood prone),

the works must be approved by Council and undertaken. The property owner has consequently lodged

a DA to undertake these works which is currently being assessed.

It is recommended that the flooding notation on the Section149(2) Certificate for 66 Alexander

Avenue, Taren Point be amended following construction of the approved works and receipt of an

appropriate ‘Works as Executed’ drawing to indicate that the property is no longer affected by the 1%

AEP flood event, to state:

The land has been identified as being within the low flood risk precinct based on the 2015

Gwawley Bay Catchment Floodplain Risk Management Study and Plan. That is the property is

affected by flooding in events above the 1% AEP flood up to the probable maximum flood

(PMF).

Council has by resolution adopted a policy to restrict the development of the land because of

the likelihood of flooding as the land is classified as flood liable under the NSW State

Government Flood Prone Land Policy. The Draft Sutherland Shire Development Control Plan

2015 contains flood risk management maps and controls. The term flood risk relates to the

potential danger to personal safety and property. Refer to the NSW State Government

Floodplain Management Manual 2005 for further details. Further information on flood levels may

be obtained from Council's Stormwater and Waterway Assets Branch.

POLICY Schedule 4 Planning Certificates of the EP&A Regulations 2000 specifies what must be included in a

149(2) Planning Certificate, including adopted Council policy restrictions. Specifically, the Regulations

require that 149(2) Certificates advise whether the land is subject to a number of Council policy

restrictions, including adopted Council policy restrictions due to road widening, hazard risk (land slip,

tidal inundation, subsidence, acid sulphate soils, ANSTO etc) and flooding. Flood related development

controls are located in Council’s draft SSDCP2015 which was adopted as policy.

In order to make such minor changes to the content of Section 149 certificates in the future, it is

recommended that the General Manager, the Director of Shire Planning and the Director of Shire

Infrastructure be delegated the authority to make amendments to Council policy with respect to road

widening and alignment, hazard risk restrictions, and flood related development controls.

BUDGET AND RESOURCES There are no budget or resource implications resulting from the recommendations of this report.


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CONCLUSION Council is satisfied with the updated Flood Impact Assessment Report dated 8 February 2017, and

that the proposed mitigation works at 66 Alexander Avenue, Taren Point would eliminate flooding of

the property in the 1% AEP event. Following the satisfactory completion of approved works, it is

recommended that the flooding notation on the Section 149 (2) Certificate be amended and that the

Draft Sutherland Shire Development Control Plan 2015 - Flood Risk Management Maps be amended,

following the making of SSDCP2015 and as part of the next round of DCP amendments.

It is appropriate the General Manager, the Director of Shire Planning and the Director of Shire

Infrastructure be given delegation to make such changes to the content of Section 149 certificates to

enable changes to be made to reflect current restrictions on the development of land.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Stormwater and Waterway Assets

Manager, Mr Erin Sellers, who can be contacted on 9710 0857.


Shire Planning Committee Meeting · Shire Planning Committee 1 May 2017 PLN 0 32-17 PLN032-17...

Documents

Transcript of Shire Planning Committee Meeting · Shire Planning Committee 1 May 2017 PLN 0 32-17 PLN032-17...